- 1 - HC-KAR NC: 2026:KHC:300-DB WP No. 24780 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 24780 OF 2025 (S-KSAT) BETWEEN: 1. SRI. Y. GANGI REDDY, AGED ABOUT 62 YEARS, S/O LATE Y. NARASIMHA REDDY, RETIRED SUPERINTENDENT OF POLICE, No.202, 2ND FLOOR, DIVYA SHREE APARTMENTS, SAI AMYI ARC-1, BIJAL, KAPIKADU ROAD, MANGALORE-574 173. …PETITIONER (BY SRI S. B. MUKKANNAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE SECRETARY, DEPARTMENT OF PERSONNEL ADMINISTRATIVE REFORMS, [POLICE WING-A], VIDHANA SOUDHA, BANGALORE-560 001. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:300-DB WP No. 24780 of 2025 3. THE DIRECTOR GENERAL OF POLICE, No.2, NRUPATHUNGA ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI V. SHIVAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 10/07/2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE, IN APPLICATION No.5157/2024 VIDE ANNEXURE- A AND CONSEQUENTLY DIRECT THE RESPONDENTS TO PAY BACK WAGES FOR THE PERIOD FROM 21/12/2020 TO 06/03/2023 WITH ALL CONSEQUENTIAL BENEFITS. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP 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) This writ petition is filed against order dated 10.07.2025 in Application No.5157/2024, dismissing petitioner's challenge to the order dated 09.08.2024 (Anneuxre-A8) and order dated 10.01.2024 (Annexure-A4) rejecting request for back wages for the period during which he was out of service. - 3 - HC-KAR NC: 2026:KHC:300-DB WP No. 24780 of 2025 2. Heard learned counsel Sri. S.B. Mukkannappa, for the petitioner and learned Additional Government Advocate1 Sri. V. Shivareddy, for respondents. Perused the entire writ petition papers. 3. While the petitioner was working as Inspector of Police, was convicted by judgment dated 27.08.2020 in Special Case No.19/2013 for the offences punishable under Sections 7, 13(1)(d), 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 19882 and Section 201 of Indian Penal Code, 18603. Pursuant to the conviction, the petitioner was dismissed from service by order dated 21.12.2020. Against the conviction, the petitioner preferred appeal in Criminal Appeal No.825/2020 before this Court. This Court by judgment dated 07.11.2022, allowed the appeal and set aside the conviction of the petitioner. Pursuant to which, the petitioner submitted representation dated 18.11.2022 requesting reinstatement into service. On consideration of the representation of the petitioner as well as the judgment acquitting the petitioner, he was reinstated into service by Government Order dated 06.03.2023. 1 AGA 2 PC Act 3 IPC - 4 - HC-KAR NC: 2026:KHC:300-DB WP No. 24780 of 2025 Thereafter, the petitioner retired from service on attaining the age of superannuation on 31.05.2023. 4. The petitioner made representation seeking salary/back wages for the period during which he was out of service i.e., from 21.12.2020 to 06.03.2023. The said request was rejected by the respondent under endorsement dated 09.08.2024 (Annexure-A8) and order dated 10.01.2024 (Annexure-A4) against which, the petitioner was before the Tribunal in the above stated Application No.5157/2024. The Tribunal, after hearing the parties under impugned order dated 10.07.2025, dismissed the application of the petitioner. Aggrieved by the same, the petitioner is before this Court in this writ petition. 5. Learned counsel Sri. S. B. Mukkannappa, for the petitioner would submit that by virtue of acquittal, the petitioner would become entitled to back wages/salary. It is submitted that the petitioner was acquitted by this Court vide judgment in Criminal Appeal No.825/2020 dated 07.11.2022 whereas, the petitioner was reinstated only on 06.03.2023, - 5 - HC-KAR NC: 2026:KHC:300-DB WP No. 24780 of 2025 though he had requested reinstatement by representation dated 18.11.2022 immediately on his acquittal. 6. Learned counsel would further submit that on acquittal, a person would become entitled to salary/back wages since the person would be free of the charges leveled against him. As there would not be any charge against the petitioner on his acquittal, he would be entitled to all consequential benefits including the salary/back wages. Therefore, he prays for allowing the writ petition and to grant back wages for the period from 21.12.2020, the date of dismissal, till the reinstatement by Government Order dated 06.03.2023. 7. On the other hand, learned AGA Sri. V. Shivareddy, would submit that the respondents reinstated the petitioner immediately after appeal period of three months. He submits that the petitioner was acquitted by this Court vide judgment dated 07.11.2022, whereas the period for appeal expired on 06.02.2023 and within one month thereafter the petitioner was reinstated on 06.03.2023. Therefore, he submits that the petitioner would not be entitled to back wages as prayed in the - 6 - HC-KAR NC: 2026:KHC:300-DB WP No. 24780 of 2025 writ petition. Moreover, he submits that once a person is convicted of the charges, he becomes disqualified to continue as Government Servant and during the said disqualification, the petitioner would not be entitled to continue as Government Servant. Hence, he would not be entitled to any back wages during the said period. Thus, he prays for the dismissal of the writ petition. 8. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered view that a person who is acquitted would be entitled to back wages from the date of acquittal till his reinstatement excluding the period of limitation prescribed for appeal and however he would not be entitled for the salary for the period during which he was under the cloud of conviction. 9. Admittedly, the petitioner was convicted for offences punishable under Sections 13(1)(e) read with Section 13(2) of PC Act by judgment dated 27.08.2020 and consequently, he was dismissed from service by Government Order dated 21.12.2020. On his acquittal by judgment dated 07.11.2022 in Crl.A. No.825/2020, the petitioner submitted - 7 - HC-KAR NC: 2026:KHC:300-DB WP No. 24780 of 2025 representation dated 18.11.2022 requesting for reinstatement. Admittedly, the petitioner was reinstated by Government Order dated 06.03.2023. During the period from the date of conviction i.e., 27.08.2020 till his acquittal by judgment dated 07.11.2022, conviction was operating against the petitioner. During the period of conviction, he was disqualified from continuing as a Government Servant. Conviction would automatically lead to dismissal from service by operation of law. During the period of conviction, the convicted person would not be entitled to continue as government servant. As the conviction of petitioner was set aside under judgment dated 07.11.2022, the petitioner would became entitled for reinstatement subsequent to the order of acquittal. The petitioner was reinstated on 06.03.2023 subsequent to his acquittal. Admittedly, the petitioner had made demand for reinstatement under representation dated 18.11.2022. Therefore, the petitioner would be entitled for back wages/salary from the date of demand after his acquittal under representation dated 18.11.2022, till he was reinstated on 06.03.2023, excluding the time prescribed to appeal. - 8 - HC-KAR NC: 2026:KHC:300-DB WP No. 24780 of 2025 10. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 61