- 1 - HC-KAR NC: 2025:KHC:49596 WP No. 20408 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 20408 OF 2025 (S-RES) BETWEEN: SRI. N. KRISHNA AGE 77 YEARS, S/O. LATE SRI M. NANJAPPA, EXECUTIVE ENGINEER (RETIRED), B.B.M.P. BENGALURU-560001 R/A NO.182, KILARI ROAD, BENGALURU SOUTH, BENGALURU-560053 …PETITIONER (BY SRI. MANU VENKATA REDDY.V, ADV. FOR SRI. VIJAYA SIMHA REDDY D V, ADV.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIHKASA SOUDHA, BANGALORE-560001. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49596 WP No. 20408 of 2025 2. THE CHIEF COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560001. 3. THE HON'BLE ADDITIONAL REGISTRAR OF INQUIRIES-4, KARNATAKA LOKAYUKTA, M.S. BUILDING, K.R.CIRCLE, BANGALORE-560001. …RESPONDENTS (BY SMT. B.P.RADHA, AGA. FOR R1, SRI. B.L.SANJEEV, ADV. FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE IMPUGNED ORDER NO. NA HA E 154 MNU 2008 DATED 02.11.2018 VIDE ANNEXURE-X PASSED BY THE FIRST RESPONDENT AND SET ASIDE THE SAID IMPUGNED ORDER IN SO FAR AS IT RELATES TO THE PETITIONER AND ALSO DIRECT THE RESPONDENTS TO RELEASE PENSIONARY BENEFITS DUE TO THE PETITIONER WITH INTEREST AT 12 PER ANNUM FROM THE DATE OF THEIR DUE TILL PAYMENT OF EACH OF SUCH BENEFITS TO THE PETITIONER BY CONSIDERING THE REPRESENTATIONS DATED 29.11.2023 AND 29.06.2024 VIDE ANNEXURE-Z AND AA RESPECTIVELY AND TO EXTEND ALL CONSEQUENTIAL BENEFITS ARISING THERETO. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49596 WP No. 20408 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed this writ petition challenging the impugned order dated 02.11.2018 passed by respondent No.1 vide Annexure-X. 2. Brief facts leading rise to the filing of this writ petition are as follows: The petitioner was working as an Executive Engineer during 2004-05, at Basavanagudi Sub-Division, BBMP was issued with a show cause notice on a charge that during the year 2004-05, in Ward No.50, as per the work order issued, the asphalting of Rama Iyengar Road was required to be taken up, however, the petitioner and other officers did not undertaken the work. They entered the measurement in the Measurement Book (MB) to show that the work was carried out, although no work was done and they misappropriated the funds. The reply given by the petitioner was not accepted and the matter was entrusted - 4 - HC-KAR NC: 2025:KHC:49596 WP No. 20408 of 2025 to the Lokayuktha for enquiry. Respondent No.2 conducted an enquiry and although the Enquiry Officer recorded a finding that there was no misappropriation on the part of the petitioner and other officers, since it was found that on account of BWSSB undertaking the works of laying pipeline on Rama Iyengar Road, the work was instead undertaken at the adjacent road, including the market road and entry was made in the measurement book for having undertaken works on the market road and funds were utilized, payment was made to the contractor that the petitioner and his higher officer i.e., the Executive Engineer, have violated the procedure prescribed in the BBMP tender document, more particularly, clause 13(a)(i). Consequently, it was held that the petitioner and other officers who were chargesheeted along with the petitioner have unauthorisedly utilised the money approved for the financial year 2004-05, and committed misconduct under Rule 3(i) and (iii) of the Karnataka Civil Service Conduct Rules, 1966 (for short 'the Rules, 1966'). The report of the - 5 - HC-KAR NC: 2025:KHC:49596 WP No. 20408 of 2025 Enquiry Officer was issued to the petitioner along with the show cause notice. The petitioner replied to the show cause notice. The disciplinary authority has passed an order as per Annexure-X and imposed a penalty of withholding of 10% of the pension for a period of 2 years. The petitioners aggrieved by the impugned order, has filed this writ petition. 3. Heard the learned counsel for the petitioner and also the learned counsel for the respondents. 4. Learned counsel for the petitioner submits that the Executive Engineer i.e. H.T.Mohan Das, who was the petitioner therein against whom a joint enquiry was conducted. He aggrieved by the similar order had filed a writ petition in W.P.No.15287/2020. The Co-ordinate Bench of this Court, vide order dated 05.03.2022, allowed the writ petition and quashed the similar impugned order and directed the respondents to reinstate the petitioners - 6 - HC-KAR NC: 2025:KHC:49596 WP No. 20408 of 2025 with all the consequential benefits. He submits that similar allegations were made against the petitioner (hrein). The petitioner is entitled for benefit of the order passed in W.P.No.15287/2020 on the ground of parity. Hence, on these grounds, he prays to allow the writ petition. 5. Per contra, learned counsel for the respondents submits that with the material on record, the Enquiry officer has rightly noticed that the petitioner and other officers, who were chargesheeted along with the petitioners have not followed the due process of law. Hence, prays to dismiss the writ petition. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. It is an undisputed fact that certain allegations were made against the petitioner and other officers for misappropriating the funds and contended that the work - 7 - HC-KAR NC: 2025:KHC:49596 WP No. 20408 of 2025 order was issued and work order was not carried out and the said funds were utilised for some other purpose. The enquiry was entrusted to the Lokayuktha. Respondent No.2 conducted an enquiry and submitted a report stating that there is no misappropriation on the part of the petitioner and other officers, but they have utilised the fund for the other purpose. The respondent issued a show cause notice seeking an explanation from the petitioner to the enquiry report. The petitioner has submitted a reply to the show cause notice. Sri H.T.Mohan Das filed a writ petition in W.P.No.15287/2020, wherein the similar order was passed against the petitioner therein. This Court, after considering the entire evidence and entire material on record held that, the charges levelled against the petitioner and finding given by the Enquiry Officer, do not establish anything against the petitioner by which the Disciplinary Authority could have imputed the charges contained in Rule 3 of the Rules of 1966. Even in the instant case, the charges levied against the petitioner and - 8 - HC-KAR NC: 2025:KHC:49596 WP No. 20408 of 2025 findings recorded by the Enquiry Officer do not establish anything against the petitioner by which the Disciplinary Authority could have imputed charges contained in Rule 3 of the Rules, 1966. Taking note of the order passed by the Co-ordinate Bench of this Court in H.T. Mohan Das Vs. The State of Karnataka and another, the petitioner is entitled for the similar benefits on the ground of parity. 8. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. Government Order dated 02.11.2018 at Annexure-X is hereby quashed. iii. The respondents are directed to consider the representations vide Annexures - Z and AA respectively, and pass an appropriate order in accordance with law, within 8 weeks from - 9 - HC-KAR NC: 2025:KHC:49596 WP No. 20408 of 2025 the date of the receipt of the copy of this order. iv. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB