Karnataka high court defers hearing on govt petition against IPS officer's suspension revocation
The understanding reached ensures Vikash would not file a contempt petition citing that he was not reinstated. On July 1, the CAT Bengaluru bench overturned Vikash's suspension dated June 5 related to the June 4 stampede at Chinnaswamy Stadium which resulted in 11 fatalities.
Advocate General Shashikiran Shetty, representing the state govt, argued that Royal Challengers Bengaluru (RCB) should contest the tribunal's order as they were deemed responsible for the crowd gathering.
He requested a stay on the tribunal's order and noted that other suspended officers did not challenge their suspensions and there was no interim order in favour of Vikash as well.
Senior advocate Dhyan Chinnappa, representing Vikash, expressed readiness to present arguments and assured the officer would not pursue contempt proceedings regarding his reinstatement. The division bench, led by Justice SG Pandit, acknowledged the senior advocate's statement and scheduled the matter for final disposal, requiring the advocate general to submit all relevant materials.
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The tribunal, in its decision to revoke the suspension, highlighted the state govt's mechanical approach without substantial grounds. It suggested extending similar relief to other suspended officers and noted RCB's social media posts inviting people as the primary cause of the crowd gathering.
The govt's petition argues that the tribunal overlooked crucial aspects of the suspension order indicating officers' duty dereliction.
They contend the tribunal conducted proceedings akin to a departmental inquiry, contradicting established legal principles for suspension cases.
The govt maintains that despite ordering magisterial and commission enquiries, sufficient evidence exists regarding the officer's dereliction of duties. They assert the tribunal misunderstood these enquiries' significance and seek the high court's intervention, having submitted relevant documentation, including Karnataka Police Manual excerpts and event chronology in a sealed cover.
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