2024 (6) TMI 708

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..... 2760 of 2023, WP No. 22761 of 2023, WP No. 22860 of 2023, WP No. 22862 of 2023, WP No. 22863 of 2023, WP No. 22866 of 2023, WP No. 22875 of 2023, WP No. 22895 of 2023. - -
CST, VAT & Sales Tax
HON'BLE MRS. JUSTICE ANU SIVARAMAN AND HON'BLE MR JUSTICE ANANT RAMANATH HEGDE For the Petitioner : (By Sri M S Bhagwath, Sr. Counsel A/W Sri Satish K, Advocate) For the Respondent : (By Sri Reuben Jacob, AAG A/W Sri Vikas Rojipura, AGA) ORDER PER ANU SIVARAMAN J., These batch of writ petitions are filed against the order dated 05.10.2023 passed by the Karnataka State Administrative Tribunal (Hereinafter referred to as the 'Tribunal' for short) on applications filed by the petitioners herein challenging the orders of sus .....

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..... came to be challenged before this Court under Article 226 of the Constitution of India read with Section 482 Cr.P.C. and a common judgment was rendered by this Court on 06.10.2023 which is also placed before this Court. 5. It is contended that FIRs came to be quashed in respect of officers of the Commercial Tax Department including the writ petitioners herein on the basis of the non-compliance of Section 17-A of the Prevention of Corruption Act, 1988. 6. It is submitted by the learned Senior counsel appearing for the petitioners that in view of the long efflux of time as well as quashing of the FIRs as against the writ petitioners and as also the fact that they have been transferred out of the post which they held at the time when they w .....

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..... nsion will prejudice the respondents since the proceedings have commenced against the officers concerned. 11. It is further contended that since the orders of suspension had been kept in abeyance by orders of this Court, the period of six months as provided in Rule 10 (5) of the Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957 cannot be reckoned and therefore, there would be no question of automatic reinstatement in the instant cases. It is further contended that therefore the Government should be permitted to consider whether the extension of suspension is warranted in each of these cases. 12. Having considered the contentions advanced on either side, we notice that the orders of suspension had been kept in abeyan .....

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