Karnataka HC sets aside suspension of Legislative Council official over missing Ambedkar portrait on Constitution Day

The case pertains to a complaint lodged after the portrait of Dr B R Ambedkar was not displayed during the Constitution Day function held on November 26 last year. Based on this, K J Jalajakshi, a Deputy Secretary of the Legislative Council, was suspended in July this year, after which she challenged the suspension order before the high court.

Jalajakshi’s counsel argued that she was not the organising authority for the function, and she had not directed any officer not to place the portrait. The counsel also pointed out that as per the petitioner’s previous reply to a notice in March, all employees who received a circular regarding the placement of the portrait would be responsible, but action was only taken against her.

It was also argued that an employee ought to be suspended only where there is a strong prima facie case which would result in dismissal or reduction of rank. But even if the case was proved here, only a minor penalty could be imposed.

Noting that it was “equally incumbent upon other employees” as well to have ensured compliance with the instructions in the circular, the court said, “The only contention of the petitioner is that she is not the authority either to organize or to oversee the function…”.

Setting aside the suspension order, the court directed the departmental enquiry against the officer to be completed in accordance with the law.

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