- 1 - HC-KAR NC: 2025:KHC-D:14181-DB WP No. 107719 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 107719 OF 2025 (S-KAT) BETWEEN: SRI. MANJUNATH SUBHASACHANDRA HIRALLI S/O. SUBHASACHANDRA HIRALLI AGE. 42 YEARS, SECOND DIVISION ASSISTANT, OFFICE OF ASSISTANT COMMISSIONER, SIRSI SUB-DIVISION, REVENUE DEPARTMENT, SIRSI, DISTRICT UTTAR KANNADA-581401. …PETITIONER (BY SRI. MADANGOUDA N. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE 560001. 2. THE DEPUTY COMMISSIONER UTTAR KANNADA DISTRICT, KARWAR-581301. BHARATHI H M Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.27 15:03:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14181-DB WP No. 107719 of 2025 3. THE KARNATAKA LOKAYUKTA REPRESENTED BY ITS REGISTRAR, M.S. BUILDING,AMBEDKAR VEEDHI, BENGALURU 560001. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 08.10.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10897/2025 VIDE ANNEXURE-A AND ETC.,. THIS 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 MRS JUSTICE GEETHA K.B. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard learned counsel, Sri.Madanagouda N Patil for the petitioner and learned Additional Government Advocate, Sri.G.K.Hiregoudar for respondents. Perused the entire writ petition papers. 2. This writ petition is directed against the interim order dated 08.10.2025, whereunder the petitioner's prayer - 3 - HC-KAR NC: 2025:KHC-D:14181-DB WP No. 107719 of 2025 to stay the impugned order of compulsory retirement dated 12.08.2025 (Annexure-A14) is rejected. 3. The petitioner is imposed with penalty of compulsory retirement under impugned order dated 12.08.2025 (Annexure-A14) after departmental enquiry. The charge against the petitioner is one of demanding and accepting illegal gratification. The Inquiry Officer held the charge as proved. On the proved misconduct, the disciplinary authority has imposed punishment of compulsory retirement. Questioning the said order of compulsory retirement, the petitioner was before the Tribunal in Application No.10897/2025, whereunder the petitioner had made interim prayer to stay the impugned order of compulsory retirement dated 12.08.2025. The Tribunal vide order dated 08.10.2025 refused to grant the interim prayer. 4. On query, learned counsel for the petitioner submitted that the petitioner in pursuance to the order of - 4 - HC-KAR NC: 2025:KHC-D:14181-DB WP No. 107719 of 2025 compulsory retirement dated 12.08.2025, was relieved of his duties in September 2025 itself and subsequently the petitioner has approached the Tribunal. 5. It is a case of compulsory retirement as a penalty and in pursuance to the order of penalty the petitioner is already relieved of his duties. By way of interim order, the petitioner would not be entitled for reinstatement, that too when the punishment is imposed on the proved misconduct of demanding and accepting illegal gratification. Unless the petitioner establishes his innocence and unless the order of penalty is set aside, the petitioner would not be entitled for reinstatement that too at interim stage. The grounds urged by the petitioner that none of the witnesses supported the case of the disciplinary authority and that the observation note is not issued by the Lokayukta/Upa-Lokayukta, but by the Deputy Secretary of Karnataka Lokayukta could be appreciated only at the time of final hearing. Hence, Tribunal is justified in rejecting the interim prayer. - 5 - HC-KAR NC: 2025:KHC-D:14181-DB WP No. 107719 of 2025 6. In the above circumstances, we do not find any merit in the writ petition and accordingly the writ petition stands rejected. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE SH CT-CMU LIST NO.: 1 SL NO.: 36