IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 35179 OF 2024 (S-KSAT)

BETWEEN:

SRI. RAJAKUMAR S S/O LATE SANNABORAIAH AGED ABOUT 54 YEARS GRADE-II SECRETARY (UNDER COMPULSORY RETIREMENT)

SAMPAHALLI, GORAVALE POST MANDYA TALUK MANDYA DISTRICT-571 401 …PETITIONER (BY SRI. NAGARAJAPPA A, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA Digitally signed by SHAKAMBARI REPRESENTED BY ITS Location: High PRINCIPAL SECRETARY Court of Karnataka RURAL DEVELOPMENT AND PANCHAYATH RAJ KARNATAKA GOVERNMENT SECRETARIAT MULTISTOREYED BUILDING DR. AMBEDKAR VEEDHI BANGALORE-560 001

2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH NEAR DISTRICT AND SESSIONS JUDGE COURT, MYSORE-570 005

3. THE DEPUTY SECRETARY (DEVELOPMENT) AND DISCIPLINARY AUTHORITY FOR GRAM PANCHAYATH SECRETARIES, SPECIAL LAND ACQUISITION OFFICER, ZILLA PANCHAYATH MYSORE, NEAR DISTRICT AND SESSION JUDGE COURT MYSORE-570 005 …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE ORDER OF KARNATAKA ADMINISTRATIVE TRIBUNAL IN APPLICATION No.2295/2020 DATED 06.12.2022 MARKED AT ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE ORDER OF COMPULSORY RETIREMENT IN No. CCA/36-2014-15/14091 DATED 30.10.2018 (ANNEXURE-A12 OF ANNEXURE-A) AND ORDER No. CCA/36-2014-15 (BHAGA) MEELMANAVI/14091 DATED 12.07.2019 (ANNEXURE-A15 OF ANNEXURE-A) PASSED BY THE RESPONDENT No. 3 AND 2 RESPECTIVELY AND CONSEQUENTLY DIRECT THE 2^ND RESPONDENT TO REINSTATE THE PETITIONER AS GRADE-II SECRETARY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

ORAL ORDER

(PER: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR) The petitioner Sri Rajakumar S., S/o. of Late Sannaboraiah has filed this writ petition under Articles 226 and 227 of the Constitution of India assailing the legality and correctness of the order dated 6.12.2022 (Annexure-G) passed by the Karnataka State Administrative Tribunal (hereinafter referred to as `KSAT') in his application No.2295/2020 challenging the disciplinary proceedings initiated against him, which culminated in an order of his compulsory retirement dated 30.10.2018 passed by the disciplinary authority and a subsequent appellate order dated 12.07.2019 whereby, the punishment was confirmed with a partial modification regarding the recovery of the amount.

2. By filing this petition, petitioner seeks a writ of certiorari to quash both the impugned orders and also seeks a direction of his reinstatement into the service with all consequential service and monetary benefits.

FACTS OF THE CASE:

3. The petitioner entered Government service on compassionate grounds and was appointed as a Grade-II Secretary in the office of Zilla Panchayath, Mysore on 23.12.2000. He served the said Department in various capacities including incharge Panchayath Development Officer (PDO) at Kaliyur Grama Panchayath during the period commencing from 02.07.2012 to 31.12.2013. It is his specific assertion that, during his tenure as in-charge PDO, the local Audit Circle, Mysore conducted an audit for the financial year 2012-12 and 2013-14. Based upon the said audit, certain objections were raised indicating the alleged financial irregularities and administrative lapses during that period. He specifically alleges that:

(cid:1) The audit was conducted unilaterally in gross violation of mandatory provisions Section 246(6) and (7) of the Karnataka Grama Swaraj and Panchayath Raj Act, 1993.

(cid:1) No notice or opportunity was provided to the petitioner to submit his response/remark