- 1 - HC-KAR NC: 2025:KHC:33443-DB WP No. 12055 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 12055 OF 2018 (S-KAT) BETWEEN: DR. SMT. ASIA BEGUM W/O LATE MOHAMMAD SAB, AGED ABOUT 69 YEARS R/AT NO.41, JYOTHI NAGAR MAIN ROAD, HAL POST OFFICE, BENGALURU-560 017. …PETITIONER (BY SRI. K L SREENIVAS, ADV.- ABSENT) AND: 1. THE STATE OF KARNATAKA BY THE SECRETARY TO THE GOVERNMENT, HEALTH & FAMILY WELFARE SERVICES, (DEPARTMENT OF INDIAN SYSTEM & HOMEOPATHY), M S BUILDING, BENGALURU-560 011. 2. THE DIRECTOR DIRECTORATE OF INDIAN MEDICINE AND HOMEOPATHY, DHANVANTHRI ROAD, BENGALURU-560 009. 3. THE DISTRICT HEALTH & FAMILY WELFARE (INDIAN SYSTEM AND HOMEOPATHY) ANANDARAO CIRCLE, BENGALURU-560 011. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33443-DB WP No. 12055 of 2018 4. THE DEPUTY DIRECTOR INDIAN MEDICINE SYSTEM HOMEOPATHY DEPARTMENT, 521-24915, MANDANI LAYOUT, BASAVESHWARA NAGAR, YADGIRI-585 202. 5. THE ACCOUNTANT GENERAL PARK HOUSE, GOVERNMENT OF KARNATAKA, BENGALURU-560 001. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN APPLICATION NO.243/2016 FROM THE KARNATAKA ADMINISTRATIVE TRIBUNAL, BENGALURU AND ALLOW THIS WRIT PETITION, QUASHING THE ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL, BENGALURU ON 11.08.2017 IN APPLICATION NO.243/2016 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR 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) None appeared for the petitioner in the morning as well as in the afternoon session, when the matter was called at 2.50 p.m. - 3 - HC-KAR NC: 2025:KHC:33443-DB WP No. 12055 of 2018 2. Learned Additional Government Advocate Sri.V.Shivareddy present. 3. Petitioner is before this Court, questioning the order dated 11.08.2017 in Application No.243/2016 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short “Tribunal”), rejecting her challenge to the penalty order dated 04.03.2008 withholding all pensionary benefits permanently. 4. The petition averments would indicate that after enquiry, the petitioner was imposed with penalty of withholding of entire pensionary benefits including the pension permanently under order dated 04.03.2008 (Annexure-A13). The petitioner was before the Tribunal challenging the said penalty order in Application No.243/2016. During the course of hearing, the petitioner was present before the Tribunal. Paragraph 8 of Tribunal’s order reads as under: - 4 - HC-KAR NC: 2025:KHC:33443-DB WP No. 12055 of 2018 “8. At this stage, the learned counsel for the applicant brought to our notice that the applicant is present in the Court and he would like to consult her with regard to the extent of penalty which she would accept willingly. After consulting the applicant, he submitted that penalty of 25% of the pension and pensionary benefits would be acceptable, in order to put an end to the litigation.” 5. The Tribunal, taking note of the statement of the petitioner that she would accept the penalty of stoppage of 25% of the pension and pensionary benefits, to put an end to the litigation, modified the order of penalty dated 01.10.2015 to that of withholding of pension and pensionary benefits to an extent of 25%. Questioning the said order, the petitioner is before this Court. 6. From a perusal of the impugned order, it is seen that the Government proposing punishment of withholding of 25% of pension and pensionary benefits referred the matter to the Karnataka Public Service Commission - 5 - HC-KAR NC: 2025:KHC:33443-DB WP No. 12055 of 2018 (“KPSC” for brevity) for its opinion. The KPSC opined that looking to the nature and gravity of charge, if the petitioner were to be in service, she would have been imposed with punishment of dismissal. Hence, it recommended for withholding of entire pension and pensionary benefits. However, the Tribunal taking note of the material on record and also considering the statement of the petitioner, modified the order of penalty to that of withholding of pension and pensionary benefits to an extent of 25% permanently. 7. When the petitioner on her volition has accepted the penalty of withholding of 25% of pension and pensionary benefits, it is not open for her to turn around and challenge the same before this Court. Looking to the nature and gravity of charge against the petitioner, the penalty of withholding 25% of pension and pensionary benefits permanently, as modified by the Tribunal is proportionate and reasonable. - 6 - HC-KAR NC: 2025:KHC:33443-DB WP No. 12055 of 2018 8. We do not find any error in the order passed by the Tribunal and accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MPK CT:bms List No.: 1 Sl No.: 14