The Karnataka Excessive Court docket has put aside the suspension of an official of the Legislative Council who had allegedly failed to position the portrait of Dr B R Ambedkar on the event of Structure Day final yr.
The bench of Justice H T Narendra Prasad handed the order, which was lately made public, on August 19. The courtroom noticed, “….contemplating that the suspension order was issued after a lapse of seven months from the date of the incident, coupled with the truth that a departmental inquiry has already been initiated towards the petitioner, continued suspension of the petitioner would serve no helpful function.”
The case pertains to a criticism lodged after the portrait of Dr B R Ambedkar was not displayed in the course of the Structure Day operate held on November 26 final yr. Primarily based on this, Okay J Jalajakshi, a Deputy Secretary of the Legislative Council, was suspended in July this yr, after which she challenged the suspension order earlier than the excessive courtroom.
Jalajakshi’s counsel argued that she was not the organising authority for the operate, and he or she had not directed any officer to not place the portrait. The counsel additionally identified that as per the petitioner’s earlier reply to a discover in March, all workers who acquired a round concerning the position of the portrait could be accountable, however motion was solely taken towards her.
It was additionally argued that an worker must be suspended solely the place there’s a sturdy prima facie case which might end in dismissal or discount of rank. However even when the case was proved right here, solely a minor penalty may very well be imposed.
Noting that it was “equally incumbent upon different workers” as properly to have ensured compliance with the directions within the round, the courtroom stated, “The one competition of the petitioner is that she will not be the authority both to prepare or to supervise the operate…”.
Setting apart the suspension order, the courtroom directed the departmental enquiry towards the officer to be accomplished in accordance with the regulation.