Karnataka High Court
WP/11119/2021 of KARNATAKA LOKAYUKTA Vs SRI BASAVARAJ B BHARSHETTY on 29 July 2026
CNR: KAHC010049222020 NC: 2026:KHC:39654-DB WP No. 11119 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 11119 OF 2021 (S-KSAT) BETWEEN: KARNATAKA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION NO. 11119 OF 2021 (S-KSAT)
BETWEEN:
KARNATAKA LOKAYUKTA
M S BUILDINGS
DR. B R AMBEDKAR VEEDHI
BANGALORE-560 001
BY ITS REGISTRAR.
…PETITIONER
(BY SRI. K PRASANNA SHETTY, ADV.)
AND:
1.
SRI BASAVARAJ B BHARSHETTY
AGED ABOUT 67 YEARS
S/O SRI SHARANAPPA BHARSHETTY
FIRST DIVISION ASSISTANT
(NOW UNDER COMPULSORY RETIREMENT)
DISTRICT HOSPITAL, BIDAR
R/O NO.19-6-77, BASAVODAYA
SHIVANAGAR NORTH, BIDAR.
2.
THE STATE OF KARNATAKA
REP. BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS
VIDHANA SOUDHA, BANGALORE-560001.
3.
THE STATE OF KARNATAKA
REP. BY ITS SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE SERVICES
VIKASA SOUDHA, BANGALORE-560001.
Digitally signed by
NANJUNDACHARI
Location: High
Court of
Karnataka
HC-KAR
4.
THE DISTRICT SURGEON
DISTRICT HOSPITAL,
BIDAR-585401.
…RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R2-R4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED
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ORDER
PASSED BY THE KAT IN APPLICATION NO.7459/2010 DATED 07.08.2018 AS PER ANNEXURE –B.
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 DR. JUSTICE K.MANMADHA RAO
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard learned counsel Sri.K.Prasanna Shetty, for petitioner as well as learned Additional Government Advocate Sri.A.S.Harisha for respondent Nos.2 to 4. Perused the entire writ petition papers.
2. The petitioner-Karnataka Lokayukta represented by its Registrar is before this Court questioning order dated 07.08.2018 in Application No.7459/2010 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the
HC-KAR
Tribunal’), wherein the respondent No.1’s application is allowed and the following order is passed: “The application is allowed and the impugned penalty order dated 27.11.2010 at Annexure-A5 passed by 1st respondent stands quashed.
The matter is remitted to the Government to pass appropriate orders afresh within a period of five months from the date of receipt of the copy of this order keeping in mind the observation made by this Tribunal supra.”
3. The petitioner is before this Court aggrieved by quashing of order of penalty dated 27.11.2010 Annexure-A5, imposing punishment of compulsory retirement and withholding 50% of the pension permanently. However, the Tribunal remitted the matter to the Government to pass appropriate orders afresh keeping in mind the observation made by the Tribunal.
4. Learned Additional Government Advocate Sri.A.S.Harish on instructions files memo dated 29.07.2026 enclosing Government order dated 06.07.2023 and submits
HC-KAR
that subsequent to remand, the State has passed fresh order imposing punishment of withholding 50% of the pension of the first respondent permanently along with forfeiture of entire DCRG. Further learned Additional Government Advocate would submit that the said order of penalty has not been challenged by the first respondent.
5. Since the State Government has taken a fresh decision to impose penalty of withholding 50% of pension of the first respondent as well as to forfeit the entire DCRG, we are of the considered view that grievance of the Karnataka Lokayukta would no more survive for consideration. Accordingly, writ petition stands disposed of.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE NC CT:bms