- 1 - NC: 2025:KHC-D:4547-DB WP No. 102676 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO.102676 OF 2023 (S-KAT) BETWEEN: RAVI AVARADI S/O. BHIMAPPA AVARADI, AGE. 49 YEARS, OCC. PRESENTLY WORKING AS VILLAGE ACCOUNTANT, AT BEKKERI VILLAGE IN RAIBAG TALUKA, DIST. BELAGAVI, R/O. M. S. JANAKI BUILDING, 1ST CROSS, BASAVA NAGAR, GOKAK, TAL. GOKAK, DIST. BELAGAVI-591101. …PETITIONER (BY SRI. S.B. MALLIGAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. KARNATAKA LOKAYUKTA R/BY ITS REGISTRAR, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 3. ADDITIONAL REGISTRAR OF ENQUIRIES (3) KARNATAKA LOKAYUKTA, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 4. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI-590001. …RESPONDENTS (BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4547-DB WP No. 102676 of 2023 06.11.2020 IN APPLICATION NO.12278/2020 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL, BENGALURU, THE COPY OF THE JUDGMENT IS PRODUCED AT ANNEXURE-B & ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) 1. The petitioner, compulsorily retired Village Accountant, is before this Court questioning the Government Order dated 17.8.2020 imposing punishment of compulsory retirement (Annexure-A9) as well as rejection of his challenge to the compulsory retirement vide order dated 6.11.2020 passed by the Karnataka Administrative Tribunal, Bengaluru1 in Application No.12278/2020 (Annexure-B). 2. Charge against the petitioner is, demand and acceptance of illegal gratification of Rs.2,000/- for making entry in the mutation register. The charge reads as under: “That you, Sri. Ravi Bheemappa Avaradi, (hereinafter referred to as Delinquent Government Official, in short DGO), while working as the Village Accountant, 1 ‘Tribunal’, for short - 3 - NC: 2025:KHC-D:4547-DB WP No. 102676 of 2023 Mahishavadagi, Athani Taluk, Belgaum District demanded a bribe of Rs.2,000/- and received the same through one Sri. Bheemappa Mallappa Janawada on 11.10.2005 from the complainant Sri. Shrenik Chandappa Upadhaya, Mahishavadagi, Athani Taluk, Belgaum District for making an entry in the mutation register and other revenue records in respect of Sy.No.296/5 and 257/1 of Mahishavadagi village as per Court order that is for doing an official act, and the thereby you failed to maintain absolute integrity and devotion to the duty and committed an act which is unbecoming of a Government Servant and thus you are guilty of misconduct under Rule 3(1)(i) to (iii) of KCS (Conduct) Rules, 1966.” 3. On the above said charge, a detailed enquiry was conducted by the Additional Registrar (Enquiries-3), Karnataka Lokayukta, Bangalore, wherein charge against the petitioner was proved and enquiry report along with recommendation of Upalokayukta was forwarded to the government. Upalokayukta under recommendation dated 2.8.2019 recommended the penalty of compulsory retirement from service. After providing an opportunity to the petitioner to submit his comments on the enquiry report, respondent No.1/State imposed punishment of compulsory retirement under impugned Government Order dated 17.8.2020. The Tribunal under impugned order dated 6.11.2020 vide - 4 - NC: 2025:KHC-D:4547-DB WP No. 102676 of 2023 Annexure-B rejected the petitioner’s challenge to the said order of compulsory retirement. 4. It is pertinent to note that on the same allegation of demand and acceptance of bribe money, charge sheet was filed in Spl.CC (Lokayukta) No.34/2006 against the petitioner before the learned IV Addl. District and Special Judge, Belagavi. By judgment dated 16.12.2010, the petitioner was convicted. Challenging his conviction, the petitioner filed an appeal in Crl.A.No.2520/2010 before this Court. This Court by judgment dated 14.02.2020 dismissed the appeal confirming the conviction and sentence passed in Spl.CC (Lokayukta) No.34/2006. Aggrieved by the same, the petitioner filed SLP(Crl.) No.3946/2020. The Apex Court by order dated 17.11.2020 dismissed the said SLP confirming the judgment passed by the District Court as well as this Court. Thus, conviction and sentence against the petitioner has become final. 5. The recommendation of Upalokayukta and imposition of punishment of compulsory retirement on the proved misconduct of demand and acceptance of bribe money - 5 - NC: 2025:KHC-D:4547-DB WP No. 102676 of 2023 of Rs.2,000/- is proportionate. Even otherwise, on conviction which is confirmed by the Apex Court, the petitioner would be liable for removal or dismissal. We do not find any error or ground to interfere with the impugned order passed by the Tribunal. Accordingly, writ petition stands rejected. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 3