- 1 - HC-KAR NC: 2025:KHC:49704-DB RP No. 563 of 2024 C/W WP No. 31028 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE G BASAVARAJA REVIEW PETITION NO.563 OF 2024 IN WRIT PETITION NO. 22924 OF *2023 C/W WRIT PETITION NO.31028 OF 2025 (S-KSAT) IN RP NO.563 OF 2024 BETWEEN: SRI. L V SHADAKSHARI S/O LATE VISHWANATH, AGED ABOUT 50 YEARS, WORKING AS SUB REGISTRAR, OFFICE OF THE SUB-REGISTRAR, HESARGHATTA, BANGALORE - 560 089. RESIDING AT NO. 46, 3RD STAGE, B BLOCK, VIJAYANAGARA, MYSORE - 570 030. …PETITIONER (BY SRI. PRITHVEESH M. K., ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, (REGISTRATION AND STAMPS) REFORMS, VIDHANA SOUDHA, BANGALORE - 560 001. REP. BY ITS PRINCIPAL SECRETARY. *Corrected vide chamber order dated: 19.12.2025. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49704-DB RP No. 563 of 2024 C/W WP No. 31028 of 2025 2. THE LOKAYUKTA KARNATAKA LOKAYUKTA, M S BUILDING, BANGALORE - 560 001. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 AND 2 READ WITH SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO REVIEW THE JUDGMENT ORDER DATED 30/09/2024 PASSED IN WRIT PETITION NO. 22924/*2023 (ANNEXURE-A). IN WP NO.31028 OF 2025 BETWEEN: SRI. L V SHADAKSHARI, S/O LATE VISHWANATH, AGED ABOUT 50 YEARS, WAS WORKING AS SUB-REGISTRAR, OFFICE OF THE SUB-REGISTRAR, HESSARGHATTA, BANGALORE - 560 089 RESIDING AT NO. 46, 3RD STAGE, B BLOCK, VIJAYANAGARA, MYSORE - 570 030. …PETITIONER (BY SRI. PRITHVEESH M. K., ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE (REGISTRATION AND STAMPS), REFORMS, VIDHANA SOUDHA, BANGALORE - 560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE LOKAYUKTA, KARNATAKA LOKAYUKTA, M.S. BUILDING, BANGALORE - 560 001. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1, V/O DTD: 24.10.2025 - NOTICE TO R2 IS DEFERRED FOR THE PRESENT.) *Corrected vide chamber order dated: 19.12.2025. - 3 - HC-KAR NC: 2025:KHC:49704-DB RP No. 563 of 2024 C/W WP No. 31028 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS IN REGARDS TO APPLICATION NO.759/2025 AND SET ASIDE THE IMPUGNED FINAL ORDER DATED 03/09/2025 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH AT BENGALURU IN APPLICATION NO.759/2025 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION NO.759/2025 FILED BY THE PETITIONER (ANNEXURE-B). THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) With the consent of both the Counsel, the matters are taken up together. Review Petition No.563 of 2024 is filed seeking review of the judgment dated 30th September, 2024 passed in Writ Petition No.22924 of 2023. It is contended in the Review Petition that this Court, after considering the contentions advanced, had found that there was no error in the conduct of the disciplinary proceedings and that the only issue that is liable to be considered is with regard to the proportionality of punishment inflicted on the petitioner. The learned counsel for the review petitioner submits that the - 4 - HC-KAR NC: 2025:KHC:49704-DB RP No. 563 of 2024 C/W WP No. 31028 of 2025 enquiry had not been conducted strictly in accordance with the Rules and that the provisions 11(15) and 11(18) of Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957, have not been strictly complied with while conducting enquiry. In Writ Petition No.31028 of 2025, the order of the Karnataka State Administrative Tribunal, dated 03rd September, 2025 in Application No.795 of 2025 is under challenge. In the said application, the petitioner had challenged the order dated 30th July, 2024 passed by the respondent No.1 by which the punishment of compulsory retirement was again inflicted on the petitioner even before the judgment in Writ Petition No.22924 of 2023 had been rendered. Several grounds have been raised in the said writ petition, primary among them being that the enquiry was not conducted in terms of Rules, and the provisions of Rule 11(15) and 11(18) of the Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957 have not been strictly complied with. Learned Counsel appearing for the petitioner submits that the judgment of this Court in Writ Petition No.22924 of 2023 dated 30th September, 2024, directed a specific reconsideration - 5 - HC-KAR NC: 2025:KHC:49704-DB RP No. 563 of 2024 C/W WP No. 31028 of 2025 of the question with regard to punishment, taking note of the fact that the co-accused, who were actually accused of having demanded and accepted the bribe have not been proceeded against. The said question require consideration at the hands of the respondent No.1. However, before said judgment could be passed, an order came to be passed on 30th July, 2024, inflicting the very same punishment of compulsory retirement upon the petitioner. The learned counsel for the review petitioner would vehemently contend that the contentions raised in Writ Petition No.31028 of 2025 are also liable to be considered by the respondent No.1 while reconsidering the entire matter in terms of the judgment in Writ Petition No.22924 of 2023. Learned Additional Government Advocate appearing for the respondent, on the other hand, submits that there is no ground for review of the judgment in Writ Petition No.22924 of 2023. Further, it is submitted that the contentions regarding the conduct of the enquiry had not been raised by the review petitioner either in reply to the second show-cause notice issued to him or before the Tribunal in the earlier Original Application or even before this Court in the earlier writ petition. - 6 - HC-KAR NC: 2025:KHC:49704-DB RP No. 563 of 2024 C/W WP No. 31028 of 2025 It is submitted that the said contentions cannot be now raised, where this Court has clearly found that there is no error in the conduct of the proceedings as against the petitioner. Having heard the contentions advanced, we notice that the Review Petition raises new grounds which were not raised either before the Tribunal or in the writ petition for consideration of this Court. It is clear that, fresh grounds which are not raised in the original proceedings, cannot be permitted to be raised at the stage of review. We are, therefore, of the clear view that there is no sustainable ground made out for review of the judgment dated 30th September, 2024. Accordingly, review petition fails and the same is accordingly dismissed. However, in Writ Petition No.31028 of 2025, we notice that the impugned order is one passed on 30th July, 2024. The Application was preferred before the Tribunal in February, 2025. The specific ground had been raised that this Court in Writ Petition No.22924 of 2023, had already ordered a re- consideration of the question of penalty. However, the Tribunal proceeded to consider the matter on merits and dismissed the - 7 - HC-KAR NC: 2025:KHC:49704-DB RP No. 563 of 2024 C/W WP No. 31028 of 2025 Application. We notice that the order dated 30th July, 2024 does not refer to the specific contention of the petitioner that the co-accused, who are the persons who had actually demanded and accepted the bribe, had not been proceeded against by the respondents. Further, we also notice that though the reply had been submitted by the petitioner to the second show-cause notice belatedly on 04th September, 2023, the Order dated 30th July, 2024 does not refer to the reply submitted by the petitioner. In the above view of the matter, we are of the opinion that the rejection of the Application filed against the order dated 30th July, 2024 is set aside. In the above view of the matter, Writ Petition is allowed in part. Order dated 30th July, 2024 passed in Writ Petition No.22924 of 2023 was legally incorrect. Matter is remanded to the respondent No.1 for consideration in terms of judgment in Writ Petition No.22924 of 2023, taking note of the reply submitted by the petitioner on 04th September, 2023 in accordance with law. Appropriate orders shall be passed within the period of two months from the date of receipt of copy of this Order. - 8 - HC-KAR NC: 2025:KHC:49704-DB RP No. 563 of 2024 C/W WP No. 31028 of 2025 All pending Interlocutory Applications stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (G BASAVARAJA) JUDGE LNN List No.: 1 Sl No.: 4