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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 5^TH DAY OF OCTOBER, 2026 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO WRIT PETITION NO.200968 OF 2025 (S-KAT)

BETWEEN:

SRI. R. K. BIRADAR S/O KUPPUGOUDA BIRADAR, AGE: 35 YEARS, WORKING AS CIVIL POLICE CONSTABLE-528, TALIKOTE POLICE STATION, DIST. VIJAYAPUR -586214, R/O. C/O. KUPPUGOUD BIRADAR, BANAHATTI (P.A), DIST. VIJAYAPURA-586 128.

…PETITIONER (BY SRI. R. J. BHUSARE, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REP. BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME, VIDHAN SOUDHA, BANGALORE-01.

2. INSPECTOR GENERAL OF POLICE, NORTHERN RANGE, BELAGAVI, BELAGAVI-590 016.

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3. THE SUPERINTENDENT OF POLICE, VIJAYAPURA-586 101 …RESPONDENTS (BY SRI. VEERANAGOUDA MALIPATIL, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO A) SET ASIDE THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL KALABURAGI BENCH IN A.NO.20192/2023 DATED 17.07.2023 PRODUCED AT ANNEXURE-C AND CONSEQUENTLY ALLOW THE APPLICATION NO.20192/2023 AS PRAYED FOR. B) PASS SUCH OTHER INTERIM ORDER OR ORDERS AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI and HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO ORAL ORDER (PER: HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO)

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1. This Writ Petition is filed assailing the order passed in Application No.20192 of 2023, dated 17.07.2023, passed by the Karnataka State Administrative Tribunal, Kalaburagi, (for short, “the Tribunal”).

2. In brief, the petitioner was served with articles of charge, and respondent No.3, Superintendent of Police, Vijayapura, appointed CPI, Muddebihal Taluka, to conduct a departmental enquiry against the Petitioner. The Enquiry Officer issued articles of charge dated 21.02.2018, stating that the petitioner is one of the accused in Crime No.70 of 2016 and Crime No.163 of 2017, which amounted to unbecoming conduct of a member of the police service. Accordingly, he conducted an enquiry and submitted his report.

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3. Based on the report, the Petitioner herein was issued with a second show-cause notice on 06.02.2019. The Petitioner stated to have submitted his reply to the second show-cause notice on 27.02.2019. Respondent No. 3, the Competent Authority, passed a penalty order dismissing the Petitioner from service vide order dated 07.08.2019.

4. The Petitioner filed an Appeal before Respondent No.2, Inspector General of Police, on 22.08.2019. The Appellate Authority, Respondent No.2 herein, by order dated 24.11.2022, modified the dismissal order to withholding of one annual increment. Aggrieved, the Petitioner filed Application No.20192 of 2023 before the Tribunal. After appreciating the arguments of the respective parties and considering the materials placed on record, the Tribunal dismissed the application on 17.07.2023. It is this order which is assailed in the present Writ Petition.

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5. Learned counsel for the Petitioner submits that the Tribunal’s order is liable to be interfered with, inasmuch as the Petitioner herein has been acquitted by the Criminal Courts, despite being made one of the accused. Learned counsel further submits that the order imposing withholding of one annual increment ought not to have been passed, considering that the Petitioner herein, having been acquitted in the criminal cases, there is no justification for withholding of one annual increment. Learned counsel therefore submits that the Tribunal's order is liable to be interfered with, and the order withholding one annual increment passed by Respondent No.2 is liable to be quashed.

6. Learned Additional Government Advocate submits that the order passed by Respondent No.2, the Appel