WP/7925/2024 of SHRI. K. BASAPPA Vs THE STATE OF KARNATAKA on 20 July 2026

ORAL ORDER

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

The petitioner is before this Court under Article 226 of the Constitution of India questioning the order dated 18.01.2024 in Application No.573/2023 by the Karnataka State Administrative Tribunal, Bengaluru (for short “Tribunal”) whereunder, petitioner’s prayer to quash the Government

Order

dated 20.08.2014 (Annexure-A3) imposing punishment of withdrawing entire pension is rejected.

HC-KAR

2. The brief facts of the caser are: While the petitioner was working as ASI at Doddapete Police Station, Shivamogga, a Criminal case No.08/1988 was registered against the petitioner and others under Sections 143, 147, 148, 341, 326, 302 read with 149 of IPC. It is stated that in the said criminal case, the petitioner and others were convicted in S.C.No.14/1988 by order dated 28.07.1995 by the Sessions Judge, Shivamogga. The appeal filed against the said judgment in Crl.A.No.455/1995 and Crl.A.No.456/1996 before this Court were dismissed by judgment dated 13.05.2002. It is stated that the appeal filed before the Hon'ble Apex Court also was dismissed and the judgments of the Session Court as well as this Court were confirmed. Subsequently, taking note of the conviction of the petitioner, the petitioner was issued with notice on 06.02.2014 and on receipt of reply from the petitioner, considering the entire material on record, the respondent-State imposed punishment of withdrawing

HC-KAR

pension by Government

Order

dated 20.08.2014. Questioning the said Government Order, the petitioner was before the Tribunal in Application No.573/2023. The Tribunal, under the impugned order dated 18.01.2024 rejected the prayer of the petitioner to quash the impugned Government

Order

dated 20.08.2014 withdrawing his pension, placing reliance on Rule 213 of KCSRs.

3. We have gone through the entire writ petition papers. On going through the entire material on record, we are not inclined to interfere with the impugned order passed by the Tribunal as well as the impugned order of penalty dated 20.08.2014 (Annexure-A3).

4. It is an admitted fact that the petitioner was convicted by judgment dated 28.07.1995 in S.C. No.14/1988 by the District and Sessions Judge, Shivamogga. The said conviction was affirmed in Crl.A.No.455/1995 and Crl.A.No.456/1996 by this Court on

HC-KAR

13.06.2002. The appeal filed before the Hon'ble Apex Court also came to be dismissed by affirming the order passed by the Sessions Court as well as this Court.

5. Rule 213 of KCSRs empowers the Competent Authority/Pension Sanctioning Authority to withhold or withdraw a pension or part thereof whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct. The Competent Authority i.e. Government, by taking note of the conviction of the petitioner, which is affirmed by Hon'ble Apex Court rightly withdrew the pension of the petitioner, after issuing show cause notice and on considering his reply in terms of Rule-213(3) of KCSRs. Under Rule 213 of KCSRs, one of the conditions precedent for payment of pension is good conduct of the pensioner. The Tribunal, under impugned order considered every ground or contentions raised by the petitioner and appropriately came to the conclusion that the petitioner has not made out any ground to interfere with the order of

HC-KAR

penalty. We concur with the reasoned order passed by the Tribunal.

6. There is no merit in the writ petition and accordingly, the writ petition stands rejected.

Sd/- (S.G.PANDIT) JUDGE

Sd/- (DR.K.MANMADHA RAO) JUDGE

MPK CT:bms List No.: 1 Sl No.: 17