- 1 - HC-KAR NC: 2025:KHC:42068-DB WA No. 168 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 168 OF 2025 (S-RES) BETWEEN: THE KARNATAKA LOKAYUKTA M S BUILDING BENGALURU-560 001 REP. BY ITS REGISTRAR …APPELLANT (BY SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT M.S BUILDING, BENGALURU -560 001 2. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R SQUARE, BENGALURU -560 002 3. SRI. V PRASANNA S/O VENKATESH J AGED ABOUT 44 YEARS, ASSISATANT ENGINEER Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42068-DB WA No. 168 of 2025 KEMPEGOWDA NAGAR SUB-DIVISION, H. SIDDAIAH ROAD, BBMP OFFICE, BANGALORE-560 001 R/AT FLAT NO. 303, VAISHNAVI LAYOUT PRAKRUTHI KRISHNA APARTMENT, VIDYARANYAPURA BANGALORE- 560 097 …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 05.12.2022 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-7060/2021 AND ALLOW THE WRIT APPEAL FILED BY THE APPELLANT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:42068-DB WA No. 168 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present Writ Appeal has been filed by the Lokayukta impugning the judgment and order dated 05.11.2022, whereby the learned Single Judge has set-aside the punishment of withholding of four annual increments with cumulative effect inflicted on the respondent-employee Sri V. Prasanna, who was working as an Assistant Executive Engineer in Bruhat Bengaluru Mahanagara Palike (BBMP). 2. We failed to understand that how the Lokayukta can be aggrieved by the judgment and order inasmuch as the Lokayukta is not the Disciplinary Authority of the respondent- employee. Under the provisions of Karnataka Lokayukta Act, 1984, the Lokayukta is a watchdog and the Investigating Authority and not the Disciplinary Authority. The Lokayukta can recommend the punishment after the entrustment order is passed by the Disciplinary Authority for conducting the enquiry against a delinquent officer, but it does not have power to inflict the punishment. - 4 - HC-KAR NC: 2025:KHC:42068-DB WA No. 168 of 2025 3. We, therefore, find that the Writ Appeal on behalf of the Lokayukta is not maintainable, inasmuch as the Lokayukta cannot be said to be the aggrieved party and therefore, we reject the appeal as not maintainable. Pending Interlocutory Applications, if any, shall stand disposed of. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 28