IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 3812 OF 2022 (S-KSAT)

BETWEEN:

SRI. JAYADEVAPPA S/O SRI K BASAPPA AGED ABOUT 61 YEARS RETIRED SECRETARY GRAMA PANCHAYAT NERLIGE GRAMA PANCHAYAT DAVANAGERE TALUK AND DISTRICT R/O CHILLUR VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577217.

…PETITIONER (BY SRI. SIDDANOORU VISHWANATHA, ADV.)

AND:

Digitally signed by NANJUNDACHARI

1. THE STATE OF KARNATAKA Location: HIG H COURT OF REP. BY THE DEPUTY DIRECTOR KARNATAKA AND THE UNDER SECRETARY THE DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ BENGALURU-560001.

2. THE KARNATAKA LOKAYUKTA REP. BY THE ADDITIONAL REGISTRAR OF ENQUIRIES-4 MULTI-STORIED BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001.

…RESPONDENTS (BY SRI. K.R. RAJENDRA, AGA FOR R1)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR CERTIORARI OR OTHER APPROPRIATE WRIT OR ORDER SETTING ASIDE THE ORDER OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL DATED 09.11.2021 PASSED IN THE APPLICATION NO.7610/2018 VIDE ANNEXURE-B CONSEQUENTLY SET ASIDE THE ENQUIRY REPORT SUBMITTED BY THE RESPONDENT NO.2 DATED 28.11.2017 BEARING NO.LOK/ARE-4/ENQ-158/2011 (ANNEXURE-A6 OF THE APPLICATION) AND THE CONSEQUENTIAL ORDER DATED 11.07.2018 BEARING NO.GraAaPA/08/GraPamKa/2018 PASSED BY THE RESPONDENT NO.1 (ANNEXURE-A10 OF THE APPLICATION).

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

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

Petitioner, aggrieved by the order dated 09.11.2021 in Application No.7610/2018 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), rejecting petitioner's prayer to quash Annexure-A6 – enquiry report dated 28.12.2017 as well as Government order dated 11.07.2018 (Annexure-A10), imposing punishment of denial of 25% of pensionary benefits perpetually is before this Court under Article 226 of the Constitution of India.

2. Brief facts of the case are that, the petitioner was working as Grama Panchayat Secretary, who was issued with articles of charge dated 05.01.2012, alleging demanding and accepting illegal gratification of Rs.7,500/- for doing official favour to sanction a house under the ‘Ashraya Scheme’, Nerlige Village. On detailed enquiry, Enquiry Officer nominated by the Second respondent – Lokayukta, submitted enquiry report dated 28.12.2017, holding that the charges are proved. The enquiry report was forwarded to the first respondent-State Government along with the recommendation of the Upa- Lokayukta dated 02.01.2018, wherein the second respondent had recommended to the Government to impose punishment of denial of 25% of the pensionary benefit perpetually in exercise of Rule 214(1)(a) of KCSRs.

3. Thereafter, the petitioner was issued with second show cause notice dated 18.01.2018, calling upon the petitioner to show cause as to why the report and recommendation of the Upa Lokayukta should not be accepted. The petitioner is said to have submitted his reply on 26.02.2018. On considering the enquiry material as well as the reply submitted to the second show cause notice, the first respondent-State passed the order dated 11.07.2018 imposing penalty of denial of 25% of the pensionary benefits perpetually. Questioning the said Government order as well as enquiry report, the petitioner was before the Tribunal in the above stated application. The Tribunal under impugned order dated 09.11.2021 dismissed the application holding that the petitioner has failed to make out a case for interference. Questioning the order of the Tribunal as well as the order of penalty, the petitioner is before the Court in this writ petition.

4. Heard learned counsel Sri.Siddanooru Vishwanatha for petitioner as well as learned Additional Government Advoc