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2024 (6) TMI 708

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..... 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 - Suspension of petitioners from service - habitually accepting illegal gratification - HELD THAT:- The orders of suspension had been kept in abeyance pursuant to the interim order passed by this Court and connected matters by its order. Thereafter, the matter was heard by the Tribunal and the impugned order was passed on 05.10.2023. The same was challenged before this Court and this Court had again issued interim order staying the suspension as against the petitioners herein. It is also admitted by the learned counsel appearing on either side that the .....

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..... e 'Tribunal' for short) on applications filed by the petitioners herein challenging the orders of suspension dated 25.11.2022. The Tribunal had dismissed the applications filed against the orders suspending the petitioners from service. 2. It is contended that the suspension orders came to be passed on the basis of a news item telecast in a private news channel i.e. Asianet Suvarna News on 25.11.2022 at 9.00 am alleging that officers belonging to the Commercial Tax Department, Madikeri and other areas were habitually accepting illegal gratification. On the basis of the airing of the said programme, it is stated that the petitioners were placed under suspension by order dated 25.11.2022 itself in most of these cases and on 28.11.2022 .....

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..... as also the fact that they have been transferred out of the post which they held at the time when they were placed under suspension, there would be absolutely no purpose in continuing the suspension which has never been given effect to. 7. It is contended that charge memos have been issued to most of the petitioners to which replies have been submitted by some and the disciplinary proceedings are initiated in some of such cases. It is further contended that in view of the quashing of the FIRs registered against the writ petitioners, there would be no purpose in continuing the orders of suspension as against them. 8. Learned Additional Advocate General appearing on behalf of the respondent would, on the other hand, point out that though the .....

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..... ntentions advanced on either side, we notice that the orders of suspension had been kept in abeyance pursuant to the interim order passed by this Court in Writ Petition No. 25388/2022 and connected matters by its order dated 22.12.2022. Thereafter, the matter was heard by the Tribunal and the impugned order was passed on 05.10.2023. The same was challenged before this Court and this Court had again issued interim order staying the suspension as against the petitioners herein. It is also admitted by the learned counsel appearing on either side that the charge memos have been issued to all the petitioners in these batch of writ petitions and that the disciplinary proceedings have been initiated against them. 13. It is also contended that exce .....

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