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NC: 2026:KHC-D:5737-DB WP No. 108123 of 2023

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 17^TH DAY OF APRIL 2026

PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD

AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

WRIT PETITION NO.108123 OF 2023 (S-KAT)

BETWEEN:

THE KARNATAKA LOKAYUKTA M.S.BUILDING,

BENGALURU-560001, REPRESENTED BY ITS

REGISTRAR LOKAYUKTA.

…PETITIONER (BY SRI. SRINIVAS B.NAIK, SPP)

AND:

V ISHAL

1. CHANNAGOUDA NINGAPPA S/O. SHANTAGOUDA KONNUR, PATTIHAL

AGE: 41 YEARS, Digitally signed by VISHAL NINGAPPA PRESENTLY WORKING AS PATTIHAL

Location: HIGH COURT VILLAGE ACCOUNTANT, OF KARNATAKA DHARWAD BENCH CHIKKADAPUR, TALUKA-ILKAL,

R/O. GUDUR, TALUKA-HUNAGUND, DIST: BAGALKOT-587202.

2. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY,

DEPARTMENT OF REVENUE (SERVICES-2),

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M.S BUILDING, BENGALURU-560001.

…RESPONDENTS

(BY SRI. SHARAD V.MAGADUM, AGA FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 23/12/2022 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10420/2022 (PRODUCED AS ANNEXURE-A); CONSEQUENTLY RESTORATION THE GOVERNMENT ORDER DATED 04/02/2022 BEARING NO.KUM.E.94.BIDIPI 2012 VIDE ANNEXURE–A6 PASSED BY THE RESPONDENT NO.2 IMPOSING THE PENALTY OF COMPULSORY RETIREMENT FROM THE SERVICE TO RESPONDENT NO.1 IN THE ENDS OF JUSTICE AND

EQUITY; AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE

THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

(PER: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

This writ petition is filed prying to issue a writ of

certiorari and quash the impugned order dated 23.12.2022 passed by the Karnataka State Administrative Tribunal, Belagavi (hereinafter referred to as ‘Tribunal’ for brevity) in Application No.10420 of 2022 (Annexure –A) and consequently restore the Government order dated 04.02.2022 passed by respondent No.2 imposing the penalty of compulsory retirement from the service to respondent

No.1.

2. The facts leading to filing of application by respondent No.1 before the Tribunal are as under

a. Respondent No.1 -applicant was working

as Village Accountant at Mahalingpura in Mudhol Taluk, Bagalkot District. A complaint was filed by Smt.Sunanda on 09.11.2011 that when she approached the applicant for change of khata in respect of plot which stood in the name of her

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husband, the applicant demanded Rs.1,500/- as bribe. The complainant on that day since brought only Rs.500/- and when offered the applicant returned the documents without accepting the money and directed the complainant to give the amount on the next day. Thereafter, on 19.11.2011, a private person namely Sri Lalssab Mohammed Sanadi, at the instance of the applicant, accepted Rs.1,500/- as bribe from the complainant. Based on the complaint made by the complainant, a criminal case was registered against the applicant and another in Crime No.17 of 2011 for offences punishable under Sections 7, 8, 13(1)(D) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘Act’ for brevity). The applicant came to be acquitted in Special Case No.20/2012 by judgment dated 16.01.2019 passed by the Principal District and Sessions Judge, Bagalkot for offences punishable under 7, 8, 13(1)(D) read with Section

13(2) of the Act.

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b. Based on the complaint filed by

Smt.Sunanda, an order was passed under Rule 14-A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 by the respondent No.2 entrusting the matter to the petitioner to hold a departmental enquiry agai

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