- 1 - HC-KAR NC: 2025:KHC:34093-DB WP No. 19071 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 19071 OF 2025 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA REP. BY THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DIRECTOR OF PROSECUTION DEPARTMENT OF PROSECUTION AND GOVERNMENT LITIGATION, 6TH FLOOR, KAVERI BHAVAN, KHB COMPLEX, K G ROAD, BENGALURU-560001. …PETITIONERS (BY SRI. B RAVINDRANATH, AGA, ADV.) AND: SRI. K M C SHIVASHANKARAMURTHY S/O LATE CHIDANANDAIAH, AGED ABOUT 58 YEARS, WORKING AS SENIOR PUBLIC PROSECUTOR, 1ST ADDITIONAL CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MYSORE, COURT COMPLEX, MYSORE-570005. …RESPONDENT THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND B) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ORDER OR Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34093-DB WP No. 19071 of 2025 DIRECTION FOR SETTING ASIDE THE ORDER DATED 12.01.2022 PASSED BY THE KSAT BENGALURU IN A.NO-1841/2019 AS THE SAME IS BAD IN LAW VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners-State Authorities are before this Court, questioning the order dated 12.01.2022 in Application No.1841/2019 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short “Tribunal”) wherein the respondent’s challenge to order dated 23.01.2018, punishment of censure imposed under Rule 8(1) of Karnataka Civil Services (Classification, Control and Appeals) Rules, 1957 (for short “CCA Rules”) is quashed. 2. Heard learned Additional Government Advocate Sri.B.Ravindranath for petitioners and perused the entire writ petition papers. - 3 - HC-KAR NC: 2025:KHC:34093-DB WP No. 19071 of 2025 3. The respondent was issued with Articles of Charge dated 30.08.2014. After a detailed enquiry, the Enquiry Officer submitted a report holding that the charges No.1 to 4 are proved. The Disciplinary Authority-State Government under order dated 23.01.2018 in exercise of its power under Rule 8(1) of CCA Rules imposed the punishment of warning. The said order of warning was the subject matter of Application No.1841/2019 before the Tribunal. The Tribunal, under impugned order set aside the order of punishment of censure. Aggrieved by the said order of penalty of censure, the petitioners-State Authorities are before this Court in this writ petition. 4. The charge against the respondent was that the respondent being Special Public Prosecutor failed to mark the order of sanction in trial in C.C.No.2461/2007. The order of the Tribunal would also indicate that the Investigating Officer has not produced the sanction order while filing the charge sheet. Under the said circumstances, the Tribunal held that without the - 4 - HC-KAR NC: 2025:KHC:34093-DB WP No. 19071 of 2025 Prosecution producing the sanction order, the question of marking the document would not arise. Moreover, the order of punishment in terms of Circular dated 06.04.2010 would come to an end on the date of the order itself. The order of punishment of censure or warning had spent itself on the said day. The circular would also clarifies that such punishment would not come in the way of promotion of a Government servant. 5. In that view of the matter, there was no occasion for the State to file the present writ petition. On going through the entire writ petition, we also do not find any merit in the writ petition. Accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MPK/CT:bms List No.: 1 Sl No.: 34