Karnataka govt moves HC challenging CAT order reinstating IPS officer suspended over stampede
The Tribunal, on 1 July, quashed Vikash’s suspension, terming the state’s action as 'mechanical' and lacking substantial grounds.
PTI
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Karnataka High Court
Bengaluru, 2 July
The Karnataka government on Wednesday approached the High Court
challenging the Central Administrative Tribunal’s (CAT) order reinstating
Additional Commissioner of Police Vikash Kumar Vikash, who was suspended following
the tragic stampede at Chinnaswamy Stadium last month, which claimed 11
lives and injured 56 others.
The Tribunal, on 1 July, quashed Vikash’s suspension, terming the
state’s action as "mechanical" and lacking substantial grounds.
The Bengaluru bench of the tribunal comprising BK Shrivastava and
Santosh Mehra held that the state failed to present convincing material to
justify the suspension.
"The order has not been based on convincing materials… the
officers have been suspended without sufficient material or grounds," the
Tribunal said, directing the state to reinstate Vikash immediately.
In response, the state government filed a writ petition before the
Karnataka High Court, contending that the CAT overstepped its jurisdiction by
making determinations on the incident without the benefit of a full-fledged
departmental inquiry.
It termed the Tribunal’s reasoning as "perverse" and
inconsistent with established legal principles concerning suspension.
According to the government, substantial supporting
material—including extracts from the Karnataka Police Manual and a detailed
chronology of events from 3 and 4 June—was submitted in a sealed cover to the
Tribunal, which it alleged was not properly considered.
"Despite placing material on record justifying the
suspension, the Tribunal failed to assess it in the right perspective,"
the state argued.
The plea also disputes the Tribunal’s interpretation of inquiries
underway, stating that a magisterial probe and a one-man commission were in
progress, and that the state had already taken disciplinary action based on
preliminary findings.
A departmental inquiry, initiated at the direction of the central
government, is reportedly at an advanced stage. The government claimed this
development was communicated orally to the Tribunal on 30 June but was
overlooked in the final judgment.
Additionally, the petition objects to the Tribunal’s remarks on
four other officers—B Dayananda, Shekar H Tekkannavar, C Balakrishna, and AK
Girish—who were also suspended following the stampede.
The government pointed out that these officers had not challenged
their suspension, nor were they parties to the case before the Tribunal.
It called the Tribunal’s suggestion of reinstating them
"highly irregular", arguing that such observations were made without
examining individual roles, service records, or factual context.
The High Court is yet to schedule a hearing on the state’s plea.
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