IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25^TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS. JUSTICE K S HEMALEKHA WRIT PETITION NO.203172 OF 2022 (S-KAT)

BETWEEN:

DR. GAVISIDDAPPA H. PATIL S/O HANUMANTH GOWDA, AGED ABOUT 48 YEARS, R/O:NO.58, HOUSING SOCIETY COLONY, KALLUR ROAD, HUMNABAD, BIDAR, DIST: BIDAR – 585 330.

PRESENTLY RESIDING AT “GURU SAI NILAYA”

KRISHNA NAGAR, KUSNOOR ROAD, KALABURAGI - 585 102.

…PETITIONER (BY SRI KADLOOR SATYANARAYANACHARYA, ADVOCATE)

AND:

1. STATE OF KARNATAKA, DEPARTMENT OF EDUCATION (COLLEGIATE EDUCATION) M.S. BUILDINGS, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001 REPT BY ITS SECRETARY. 2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, SESHADRIPURAM ROAD, BANGALORE - 560 001

3. KARNATAKA LOKAYUKTA M.S. BUILDING, DR.B.R AMBEDKAR VEEDHI, BANGALORE - 560 001 (REPT. BY ITS REGISTRAR)

…RESPONDENTS (BY SMT. MAYA T. R. HCGP FOR R1 & R2;

SRI SUBHASH MALLAPUR, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO QUASH THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT KALABURAGI IN APPLICATION NO.5392/2019 DATED 23.02.2022 AT ANNEXURE-B AND CONSEQUENTLY TO SET ASIDE THE ORDER OF THE RESPODENT NO.1 PASSED IN ED 144 DCE 2016 DATED 30.07.2019 AT ANNEXURE-A-6, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION IS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 23.07.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING.

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS. JUSTICE K S HEMALEKHA CAV ORDER (PER: HON'BLE MRS. JUSTICE K S HEMALEKHA)

In the present writ petition, the petitioner has challenged the order dated 23.02.2022 in Application No.5392/2019 passed by the Karnataka State Administrative Tribunal at Kalaburagi (hereinafter referred to as ‘Tribunal’ for short) whereby the petitioner’s application challenging the order dated 30.07.2019 passed by respondent No.1/State, imposing the penalty of compulsory retirement on him was rejected.

2. Brief facts: The applicant (petitioner) while serving as a Kannada Lecturer at the First Grade College, Basavakalyana, District Bidar was subjected to departmental enquiry initiated by the Lokayukta based on a complaint filed by his wife one Smt. Savithrama. The complainant alleged that the petitioner had contracted a second marriage with one Dr. Jayadevi M. Gaikwad during the subsistence of his first marriage. It was further alleged that, in the school records of the children born from the second marriage, their caste was entered as ‘Holeya’, instead of ‘Kuruba’, which is the petitioner's caste.

3. Pursuant to the complaint, departmental enquiry was conducted. The Enquiry Officer submitted his report, holding the petitioner guilty of charges. The same was forwarded to the Lokayukta. The Lokayukta forwarded the report with its recommendations to the State Government to impose the penalty of compulsory retirement from service. Respondent No.1/State upon receiving the report, issued a second show cause notice to the petitioner seeking his explanation. The explanation submitted by the petitioner was not acceptable, penalty of compulsory retirement was imposed on him. Aggrieved by the said order, the petitioner filed application before the Tribunal raising various grounds. However, the Tribunal, by the impugned order rejected the application.

4. Heard the learned counsel appearing for the parties and perused the material on record.

5. The learned counsel appearing for the petitioner submits that the complaint in question pertains to an alleged act of bigamy, which would fall under the ambit of Section 494 of the Indian Penal Code, 1860 (IPC), which is within the jurisdiction of Criminal Court. It is contended that neither the Lokayukta nor the disciplinary authority is competent to adjudicate upon the issue of bigamy through departmental pro