- 1 - HC-KAR NC: 2026:KHC:10579 WP No. 5365 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 5365 OF 2026 (GM-RES) BETWEEN: SRI. SHIVAKUMAR S/O, HUCHAIAH AGED ABOUT 46 YEARS, PRESENTLY WORKING AS PDO GRAM PANCHAYATH KANNAMEDI, KASABA HOBLI, PAVAGAD TALUK TUMAKURU DIST. 572116. …PETITIONER (BY SRI. SHRIDHAR NARAYAN HEGDE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVT., THE DEPARTMENT OF RDPR (PANCHAYATH RAJ) M.S. BUILDING, BENGALURU-560001. 2. THE REGISTRAR, KARNATAKA LOKAYUKTHA, M.S. BUILDING, BENGALURU-560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10579 WP No. 5365 of 2026 3. THE ADDL DIRECTOR GENERAL OF POLICE KARNATAKA LOKAYUKTHA M.S. BUILDING, BENGALURU-560001. …RESPONDENTS (BY SMT.SARITHA KULKARNI., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 11.11.2025 IN NO.GRA A PA/713/GRA.PAM.KA/24 PASSED BY THE RESPONDENT NO. 1 UNDER SECTION 17A OF THE PREVENTION OF CORRUPTION ACT, 1988 ONLY IN SO FAR AS PETITIONER IS CONCERNED WHICH IS AT SL.NO.1 IN THE IMPUGNED ORDER. THE COPY OF THE SAME IS HEREWITH PRODUCED AS ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:10579 WP No. 5365 of 2026 ORAL ORDER The petitioner is working as the Panchayat Development Officer, Kannamedi Grama Panchayat, Kasaba Hobli, Pavagad Taluk, Tumakuru District. The petitioner's grievance is with the first respondent's order dated 11.11.2025 [Annexure-F] under Section 17A of the Prevention of Corruption Act, 1988. The first respondent, by this order, has granted permission to prosecute not just the petitioner who was then working as Panchayat Development Officer, Hagalawadi Grama Panchayat, Gubbi Taluk but also others such as the Technical Assistant with Mahatma Gandhi National Rural Employment Guarantee Act, 2009 [for short, 'the MGNREGA'] and the President of Hagalawadi Grama Panchayat, Gubbi Taluk. Sri Shridhar Narayan Hegde, the learned counsel for the petitioner, relying upon the proposition that permission under Section 17A of the - 4 - HC-KAR NC: 2026:KHC:10579 WP No. 5365 of 2026 Act must not be mechanically issued and it must be issued in a manner that indicates application of mind, submits that the impugned order must fail on this score. Smt Saritha Kulkarni, a learned Additional Government Advocate who is called upon to accept notice for the respondents, is heard in the light of the afore and the assertion that no complaint has been filed with the Ombudsman for the MNREGA. This Court must, on perusal of the impugned order, observe that the first respondent's decision is in the backdrop of a complaint that the petitioner and others have authorized payments notwithstanding the fact that the work for such payment was not complete and that there is a financial loss to the public exchequer. The first respondent has opined that misdemeanour is prima facie seen and it is undisputed that the disciplinary authority has commenced the proceedings with service of articles of charges on the petitioner. Further, the petitioner does - 5 - HC-KAR NC: 2026:KHC:10579 WP No. 5365 of 2026 not contend that the MGNREGA Scheme stipulates that no proceedings could be initiated unless a complaint is lodged with the Ombudsman. This Court, in the circumstances of the case, is not persuaded to opine that the first respondent's order is without application of law, and hence, the petition stands disposed of observing that all defenses otherwise available to the petitioner remains unimpeded. Sd/- (B M SHYAM PRASAD) JUDGE AN/-