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2025 DAILYLAW 62647 (KAR)

SRI. KENCHAPPA S/O MAYAPPA MALAGALI v. THE STATE OF KARNATAKA

WP/107112/2024 · 2025-07-18

Pradeep Singh Yerur

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8933 WP No. 107112 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 107112 OF 2024 (S-R) BETWEEN: SRI. KENCHAPPA S/O. MAYAPPA MALAGALI, AGED ABOUT 71 YEARS, OCC: RETIRED DY.S.P., R/O. OPP. GOVERNMENT HOSPITAL, YARAGATTI, TALUK: SAVADATTI-591504, DISTRICT: BELAGAVI. …PETITIONER (BY SRI. S.M. TONNE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME AND TRANSPORT DEPARTMENT, VIDHANA SOUDHA, BENGALURU-590001. 2. THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE, REPRESENTED BY ASSISTANT ADMINISTRATIVE OFFICER, HRM-1 DIVISION, OFFICE OF DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, NRUPUTUNGA ROAD, BENGALURU-590001. 3. ACCOUNTANT GENERAL KARNATAKA, PARK HOUSE ROAD, POST BOX NO. 5329, BENGALURU-01. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO GRANT ALL SERVICE BENEFITS TO THE PETITIONER BY CONSIDERING THE REPRESENTATION DATED 18/3/2023 VIDE ANNEXURE-E AND ETC. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8933 WP No. 107112 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Petitioner was appointed as Sub-Inspector of Police on 04.11.1977 and thereafter, he was promoted to the post of Inspector of Police. When he was working as Circle Police Inspector at Bailhongal, a charge memo came to be issued against him. After holding enquiry, those charges came to be not proved. However, respondent passed an order withholding of three annual increments of the petitioner. Petitioner challenged the same by filing an appeal before the Karnataka Administrative Tribunal (for short, ‘the Tribunal’). The Tribunal allowed the application and matter was remanded to the Disciplinary Authority and after remanding the same, respondent passed an order reiterating the same punishment. Against the said order, petitioner again preferred an application before the Tribunal, which came to be rejected. Petitioner challenged the same before this Court in Writ Petition - 3 - HC-KAR NC: 2025:KHC-D:8933 WP No. 107112 of 2024 No.107541/2016. The said writ petition was allowed on 18.12.2019 quashing and remanding the matter to the Disciplinary Authority and while remanding the matter, a direction was given to the Enquiry Officer to record the findings and also directed to complete the said exercise positively within a period of two months. For non- consideration of the same, the petitioner filed a contempt petition. The contempt petition was disposed of and thereafter respondent issued an endorsement. 2. The petitioner thereafter made a representation dated 18.03.2023 seeking for all service benefits including the pay fixation and other service benefits pursuant to the exoneration of the petitioner from the departmental proceedings. This having not been considered, the petitioner is before this Court. 3. Learned AGA representing the respondent/State submits that the representation of the petitioner would be - 4 - HC-KAR NC: 2025:KHC-D:8933 WP No. 107112 of 2024 considered in consonance with the exoneration within a reasonable time. In view of the same, I pass the following: ORDER (i) Petition is allowed. (ii) Writ of mandamus is issued directing respondents to consider the representation of the petitioner dated 18.03.2023 within an outer limit of two months from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 7