- 1 - HC-KAR NC: 2025:KHC:37948-DB WP No. 23773 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND 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. 23773 OF 2025 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, VIKASA SOUDHA, BENGALURU 560 001. 2. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, ANANDA RAO CIRCLE, BENGALURU 560 001. 3. THE ACCOUNTANT GENERAL, KARNATAKA CIRCLE, PARK HOUSE, NEAR VIDHANASOUDHA, BENGALURU 560 001. …PETITIONERS (BY SRI B. RAVINDRANATH, AGA) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37948-DB WP No. 23773 of 2025 AND: 1. S. ADAPPA, S/O LATE S. VIRUPAKSHAPPA, AGE 62 YEARS, RETD. SUPERINTENDENT ENGINEER, (INDEPENDENT CHARGE), R/AT No.177/2 TO 177-4, J.P. NAGARA, F BLOCK, 10TH MAIN ROAD, MYSORE 570 008. 2. THE REGISTRAR, KARNATAKA LOKAYUKTHA, M. S. BUILDING, BENGALURU 560001. …RESPONDENTS (BY SRI SHANTHARAJU, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION FOR SETTING ASIDE THE ORDER DATED 06.02.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION No. 5159/2024. 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 - 3 - HC-KAR NC: 2025:KHC:37948-DB WP No. 23773 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners-State Authorities are before this Court under Article 226 of the Constitution of India questioning the order dated 06.02.2025 in Application No.5159/2024 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short 'the Tribunal'), whereunder withholding of DCRG and pensionary benefits under AG's communication dated 12.12.2023 is quashed with a direction to the petitioners to release the same and to pay interest as per the recent Government Circulars. 2. Heard Sri Ravindranath, learned Additional Government Advocate for the petitioners-State authorities and Sri Shantharaju, learned counsel for caveator/respondent No.1 and perused the entire writ petition papers. 3. Learned Additional Government Advocate would submit that respondent No.1 retired from service on attaining the age of superannuation on 30.09.2023. It is submitted that before his retirement, on 04.05.2018, FIR came to be registered against respondent No.1 for the offences of - 4 - HC-KAR NC: 2025:KHC:37948-DB WP No. 23773 of 2025 possessing disproportionate assets. Respondent No.1 filed Writ Petition No.105219/2023, challenging the said FIR and this Court by order dated 24.08.2023 stayed the further proceedings in pursuance to the said FIR. Learned AGA would submit that the Tribunal could not have quashed the communication withholding of DCRG and pensionary benefits of respondent No.1, since FIR was registered against respondent No.1 and the same was pending as on the date of his retirement. Since investigation in pursuance to FIR was pending, learned AGA would submit that the petitioner- Government was justified in withholding the DCRG and other pensionary benefits. Thus, learned AGA prays for allowing the writ petition by setting aside the order passed by the Tribunal. 4. On the other hand, Sri Shantharaju, learned counsel appearing for the Caveator-respondent No.1 would submit that no enquiry or judicial proceedings were pending against respondent No.1 as on the date of his superannuation on 30.09.2023. Since no enquiry or judicial proceedings were pending, the petitioners had no authority or jurisdiction to withhold the DCRG or pensionary benefits of respondent No.1. - 5 - HC-KAR NC: 2025:KHC:37948-DB WP No. 23773 of 2025 Thus, learned counsel would submit that the Tribunal is justified in directing release of pension and pensionary benefits including DCRG. Thus, he prays for dismissal of the writ petition. 5. Having heard the learned counsels for the parties and on perusal of the entire writ petition papers, we are of the view that the petitioners-State authorities have not made out any ground to interfere with the impugned order passed by the Tribunal and on the other hand, writ petition requires to be dismissed on cost. 6. Rule 214 of the Karnataka Civil Services Rules (KCSRs) empowers the Government, the right of either withholding or withdrawing a pension or part thereof, either permanently or for a specified period under the circumstances enumerated therein. It would also empower the State Government, the right of ordering recovery from a pension, the whole or part of any pecuniary loss caused to the Government. Further, if in any departmental or judicial proceedings, the pensioner is found guilty of grave negligence during the period of his service, the pension or pensionary benefits could be - 6 - HC-KAR NC: 2025:KHC:37948-DB WP No. 23773 of 2025 withheld. For withholding pension or pensionary benefits or DCRG, as on the date of superannuation or date of retirement of the government servant, the departmental enquiry or judicial proceedings shall be pending. Sub-rule (6) of Rule 214 of KCSRs reads as follows: "(6) For the purpose of this rule.-- (a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date; and (b) judicial proceedings shall be deemed to be instituted.-- (i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognisance is made; and (ii) in the case of civil proceedings, on the date the plaint is presented in the Court." 7. The departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner and judicial proceedings shall be deemed to be instituted in the case of criminal proceedings, on the date on which the complaint or - 7 - HC-KAR NC: 2025:KHC:37948-DB WP No. 23773 of 2025 report of a police officer, of which the Magistrate takes cognisance is made, that is final report or charge sheet is filed. 8. In the instant case, as on the date of respondent's retirement that is on 30.09.2023, no statement of charges were issued in a departmental proceedings or report/charge sheet was filed by police in a criminal proceedings. Therefore, the petitioners/State authorities could not have withheld the DCRG or pensionary benefits of the respondent as on the date of his retirement. 9. When Sri. Ravindranath, learned Additional Government Advocate was queried whether charge sheet is filed as on this date, learned AGA would submit that in view of the interim order granted by this Court in Writ Petition No.105219/2023, staying the further proceedings, the petitioners-authorities/Lokayukta is not in a position to file the report. However, that cannot be a reason and further learned AGA would also submit that no application for vacating the interim order is filed in the said writ petition. The Government, without taking any steps to get the stay effected in the writ petition, where the FIR is challenged by respondent No.1, the - 8 - HC-KAR NC: 2025:KHC:37948-DB WP No. 23773 of 2025 petitioners cannot blame respondent No.1 or any other person for non-filing of the final report or charge sheet. 10. The legal position with regard to withholding of DCRG or pensionary benefits was within the knowledge of the State and the State choose to come before this Court unnecessarily without taking any action on its behalf for years together in getting the interim order vacated. Hence, it is a fit case for imposing cost. 11. Writ petition stands rejected with cost of Rs.25,000/-. The said amount shall be deposited before the Karnataka State Legal Services Authority within four weeks' from today. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 18