- 1 - HC-KAR NC: 2025:KHC:36179-DB WP No. 25790 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 25790 OF 2019 (S-KSAT) BETWEEN: THE REGISTRAR KARNATAKA LOKAYUKTHA M S BUILDINGS DR. B R AMBEDKAR ROAD BANGALORE – 560001. …PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY PUBLIC WORKS PORTS, INLAND WATER TRANSPORT DEPARTMENT VIKAS SOUDHA, BENGALURU – 560001. 2. SRI S S PATNE SON OF SRI SHIVASHARANAPPA AGED ABOUT 55 YEARS ASSISTANT EXECUTIVE ENGINEER R.D.P.R.E SUB DIVISION KALABURGI – 585101. …RESPONDENTS (BY SMT. B SUKANYA BALIGA, AGA FOR R1) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.09.2018 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.5068/2017 VIDE ANNX-A AND AWARD THE COST OF THIS WRIT PETITION. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36179-DB WP No. 25790 of 2019 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) The petitioner-Karnataka Lokayukta, represented by the Registrar, is before this Court under Article 226 of the Constitution of India questioning the order dated 05.09.2018 in Application No.5068/2017 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, 'Tribunal'), whereunder 2nd respondent's application is allowed, modifying the order of penalty dated 14.11.2016 from withholding four annual increments with cumulative effect to that of withholding two annual increments without cumulative effect, retaining order of recovery. 2. Heard Sri. Venkatesh S Arbatti, learned counsel for the petitioner, and the learned Additional Government Advocate for respondent No.1 and perused the writ petition papers. - 3 - HC-KAR NC: 2025:KHC:36179-DB WP No. 25790 of 2019 3. Respondent No.2 after enquiry, where the charge against respondent No.2 was held to be proved, was imposed with the punishment of withholding four annual increments with cumulative effect and recovery of a sum of Rs.55,992/- under Karnataka Civil Services (Classification Control and Appeal) 1957. The said order was the subject matter of Application No.5068/2017 before the Tribunal. Under the impugned order dated 14.11.2016, the Tribunal without altering the punishment of recovery, altered the punishment of withholding four annual increments with cumulative effect to that of withholding two annual increments without cumulative effect. 4. Sri. Venkatesh S. Arbatti, learned counsel, would submit that the Tribunal could not have modified the order without coming to the conclusion that charges are not proved against respondent No.2 in addition to the grounds urged in the memo of writ petition. 5. On hearing the learned counsel appearing for petitioner as well as respondent No.1 and on going through - 4 - HC-KAR NC: 2025:KHC:36179-DB WP No. 25790 of 2019 the entire writ petition papers, we are not inclined to interfere with the discretionary order passed by the Tribunal. 6. The Tribunal rightly has not interfered with the punishment of recovery. However, the punishment of withholding four annual increments with cumulative effect is modified to that of withholding two annual increments without cumulative effect. The petitioner who was aged 55 years as on the date of filing the application before the Tribunal is now more than 65 years of age and has retired more than 5 years back. 7. The impugned order of punishment was passed against the petitioner who was an Assistant Engineer as well as against one Sri.B.B.Ramapur, Executive Engineer and Sri.Mallikarjun Sahu, Assistant Executive Engineer. When other two delinquent officials are imposed with punishment of only recovery and while the petitioner who is in the lower cadre is imposed punishment with recovery as well as withholding of 4 annual increments with cumulative effect. Taking note of the fact that other two delinquent officials - 5 - HC-KAR NC: 2025:KHC:36179-DB WP No. 25790 of 2019 were imposed with only recovery, the Tribunal is justified in modifying the punishment imposed on the petitioner to that of withholding of 2 annual increments without cumulative effect while retaining the order of recovery of Rs.55,992/-. The Tribunal, in the facts and circumstances is justified in modifying the order of penalty. 8. In the above circumstances, we are not inclined to interfere with the order passed by the Tribunal. Accordingly, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE GJM,NC CT:bms List No.: 1 Sl No.: 12