Mahadevaiah, S/O H Mariyappa vs Karnataka Lokayukta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Kar) 1853

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S. KINAGI
Mahadevaiah, S/O H Mariyappa – Appellant
Versus
Karnataka Lokayukta – Respondent

Advocates Appeared:
For the Petitioner:Y Smt. Manjula N Kulakarni, Advocate, Sri. Naik V S., Advocate
For the Respondent:Sri. Venkatesh S Arbatti, Advocate, Smt. Rakshitha D.J., Advocate

Table of Content
1. summary of facts leading to writ petition. (Para 2 , 3 , 4 , 5)
2. arguments regarding similarities in criminal and disciplinary charges. (Para 6 , 10 , 11)
3. court’s observations on the disciplinary process and evidence. (Para 8 , 14 , 15 , 16)
4. legal reasoning concerning acquittal and disciplinary proceedings. (Para 23 , 26 , 28 , 30)
5. final judgment and order to quash the impugned order. (Para 33)

ORDER :

ASHOK S.KINAGI, J.

1. The petitioner filed this writ petition challenging the impugned order dated 03.02.2021 issued by respondent No.4 vide Annexure-M, and sought for mandamus directing respondent Nos.2 to 4 to grant the petitioner full pension from the date of the retirement, and with further direction to immediately pay the withheld pensionary benefits along with interest at the rate at 18% per annum from the date it became due till the actual date of payment.

2. Brief facts, leading rise to filing of this writ petition are as follows:

3. The petitioner was appointed as a casual labour in Karnataka Electricity Board on 08.03.1979. The petitioner was observed as an Assistant Lineman on 23.07.1981. During in-service recruitment, the petitioner was selected and a