Karnataka High Court Quashes Suspension Of Legislative Council Official Accused Of Not Keeping Ambedkar's Photo At Constitution Day Event

The Karnataka High Court quashed the suspension of Deputy Secretary of State Legislative Council K J Jalajakshi, on the allegation that she failed to place the photograph of Dr B R Ambedkar at the Constitution Day function conducted on November 26, 2024. Justice H T Narendra Prasad on going through the records said:“Whether the petitioner is responsible for not placing the portrait of Dr. B.R. Ambedkar during the Constitution Day function held on 26.11.2024 in the office of Respondent No.1 – Council, and whether the petitioner alone is responsible for the same, is a matter that requires to be decided by conducting an enquiry.”The court said that considering the nature of the charge, it "cannot be reasonably concluded" that the petitioner is likely to tamper with any witness or influence the course of the departmental enquiry. It said, “Considering that the suspension order was issued after a lapse of seven months from the date of the incident, coupled with the fact that a departmental enquiry has already been initiated against the petitioner, continued suspension of the petitioner would serve no useful purpose. Furthermore, having regard to the nature of the charge, there appears to be no likelihood of the petitioner tampering with any records.”The high court had on July 8 stayed the petitioner's suspension. The suspension order dated July 4, 2025 was issued pending departmental enquiry against the petitioner invoking Rule 10 (1) (d) of Karnataka Civil Services (CCA) Rules 1957, holding that the petitioner has conducted gross dereliction of duty.The petitioner contended that she was not at all the authority either to conduct or to overlook the entire function that was scheduled. It was argued that the suspension order does not say anything about the responsibility the petitioner was bestowed upon in the function and hence the order suffers from non-application of mind. Further, the secretary of the Legislative Council and Joint Secretary were also present in the function and overseeing it, they being the higher officials, has been left out of any actions.It was argued that the suspension order was passed after 7 months from the date of incident. Even if the charges are proved, the competent authority can impose minor penalties, it was said. Moreover, employee can be kept under suspension only if there is a strong prima facie case against the delinquent employee, if proved, it would result in reduction of rank, removal or dismissal from service, it was said. The government advocate argued that the petitioner is the head of the Administration Section. It was argued that petitioner has received the circular dated 08.07.2024 and she is aware of the fact that the portraits of Mahatma Gandhiji and Dr.B.R.Ambedkar have to be placed in the function. In spite of that, she has not placed the photos which amounts to dereliction of duty. It was argued that she had not made any statement or pleading on whether she received the circular dated 08.07.2024 or not. It was argued that it was prima facie made out that she has disobeyed the circular issued by the Secretary. Hence, the authority by exercising the power under Rule 10(1)(d) of Rules has kept the petitioner under suspension.The court said that the Supreme Court had held in the case of Union of India and Another v Ashok Kumar Aggarwal (2013) that there must be a strong prima facie case against an employee and if proved, it results in reduction of rank or removal from service and such employee can be kept under suspension.The court also said, "The petitioner has not denied that she has not received the circular. The only contention of the petitioner is that she is not the authority either to organize or to oversee the function, and she has not intentionally placed the portraits of Mahatma Gandhiji and Dr.B.R.Ambedkar in the Constitution Day function held on 26.11.2024. This responsibility does not rest solely on the petitioner; rather, it is equally incumbent upon the other employees present at the event to ensure compliance with the instructions outlined in the circular...". The court said that now that the departmental enquiry has been initiated against the petitioner, at this stage, the respondents must conclude it in accordance with law. It thus directed, “The suspension order dated 04.07.2025 passed by the respondent No.2 is set aside. The respondents are directed to conclude the department enquiry against the petitioner, in accordance with law. It is made clear that any observation made in this order will not come in the way of respondents conducting the departmental enquiry against the petitioner”. The plea was allowed.Case Title: K J Jaljakshi AND The Honourable ChairmanCounsel for petitioner: Advocate Raghavendra G.GayatriCounsel for R1 and R2: AAG V G Bhanuprakash a/w AGA Vikar RCase No: WP 19864/2025Citation No: 2025 LiveLaw (Kar) 297Click Here To Read/Download Order

Karnataka High Court Quashes Suspension Of Legislative Council Official Accused Of Not Keeping Ambedkar's Photo At Constitution Day Event

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