- 1 - HC-KAR NC: 2026:KHC:4309-DB WP No. 37381 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD 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. 37381 OF 2025 (S-KSAT) BETWEEN: 1. SRI VIJAYANAND B.P., S/O LATE B. PUTTASWAMY GOWDA, AGED ABOUT 48 YEARS, R/AT No.298, 3RD CROSS, JAGAJYOTI LAYOUT, KENCHANAPURA CROSS, GNANABHARATHI POST, BANGALORE-560 056. …PETITIONER (BY SRI NARASIMHARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, VIKASA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER, ANIMAL HUSBANDRY AND VETERINARY SERVICES DEPARTMENT, HEBBAL, BANGALORE - 560 024. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4309-DB WP No. 37381 of 2025 3. THE JOINT DIRECTOR ANIMAL HUSBANDRY AND VETERINARY SERVICES, HEBBAL, BANGALORE-560 024. 4. THE DEPUTY DIRECTOR, ANIMAL HUSBANDRY AND VETERINARY SERVICES, RAMANAGARA DISTRICT, RAMANAGARA-562 159. …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 28/08/2024 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No.2133/2023 AS PER ANNEXURE-A ETC. THIS PETITION, COMING ON FOR ORDERS 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 K. V. ARAVIND) Heard Sri Narasimharaju, learned counsel for the petitioner and Sri Vikas Rojipura, learned Additional Government Advocate for the respondents. - 3 - HC-KAR NC: 2026:KHC:4309-DB WP No. 37381 of 2025 2. The unsuccessful applicant in Application No.2133/2023 before the Karnataka State Administrative Tribunal, Bangalore [for short 'Tribunal'] has preferred this writ petition impugning the order dated 28.08.2024, wherein the Tribunal rejected the application seeking to set aside the order dated 29.04.2023. dismissing the petitioner from service. 3. The brief facts are that the petitioner was appointed as Second Division Assistant [SDA] on 12.12.1996. The petitioner was posted in the Office of the Assistant Director, Veterinary Hospital, Channapatna, Ramnagar District and he was relieved on 21.02.2019. Show-cause notice was issued seeking explanation in relation to the audit objection for non-remittance of the amount to the government account and alleging misappropriation of a sum of Rs.1,38,470/-. The petitioner submitted reply on 11.02.2021 contending that at the relevant time, he has undergone back surgery and therefore, the amount collected along with the challans were handed over to his colleague Sri K. Shankar, working as Senior Veterinary Inspector, to remit the same to the designated bank, who in turn returned the challans after remittance and the same were - 4 - HC-KAR NC: 2026:KHC:4309-DB WP No. 37381 of 2025 placed before the higher authorities after entering the same in the Remittance Register. Hence there is no misappropriation. Similar notice was also issued to Sri K. Shankar, who admitted collection of amount from the petitioner and failed to remit the same to the designated bank along with the challans. It is stated that on 12.01.2021, the entire amount has been remitted to the designated bank. The explanation of the petitioner was not accepted and Articles of Charge came to be issued, enquiry was conducted, enquiry report was submitted recording 'charges proved'. Based on the findings of the enquiry report, the order of penalty dated 29.04.2023 was passed dismissing the petitioner from service. 4. The Tribunal, considering the basis of the enquiry report and the order of penalty and also the evidence referred to by the Enquiry Officer in the report, declined to entertain the application. 5. Sri Narasimharaju, learned counsel for the petitioner submits that the petitioner at the relevant time had undergone back surgery and has taken assistance of his colleague Sri K. Shankar working as Senior Veterinary Inspector to remit - 5 - HC-KAR NC: 2026:KHC:4309-DB WP No. 37381 of 2025 the amount collected to the designated bank and the challans returned by him were accounted in the books of accounts. It is submitted that Sri K. Shankar has accepted non-remittance of the amount and deposited the same on 12.01.2021. Hence, it is submitted that there is no dereliction of duty to conduct enquiry. 5.1 Learned counsel further submits that the penalty of dismissal from service is disproportionate to the charge. It is submitted that the Enquiry Officer and the Disciplinary Authority failed to consider the evidence on record. It is submitted that there is no financial loss in view of subsequent deposit. Hence, prays to allow the application and set aside the order of penalty. 6. Per contra, Sri Vikas Rojipura, learned Additional Government Advocate appearing for the respondents, submits that non-deposit of the amount was found due to audit enquiry, but for the audit enquiry, the alleged amount would not have been deposited to the government account. Learned Additional Government Advocate submits that deposit of the amount at a later stage is not voluntary and is to overcome the proceedings - 6 - HC-KAR NC: 2026:KHC:4309-DB WP No. 37381 of 2025 initiated against the petitioner. The deposit of amount cannot be considered as voluntary and is due to compulsion. Learned Additional Government Advocate submits that the Enquiry Officer has recorded that seal and challans were fabricated and the seal was destroyed and the said aspects are admitted by the petitioner. Learned Additional Government Advocate submits that considering the gravity of the offence/charge, the order of dismissal is justified. The Tribunal rightly appreciating the findings of the Enquiry Officer and appreciation of the same by the Disciplinary Authority rejected the application. With the above submissions, learned Additional Government Advocate prays to dismiss the present writ petition. 7. Having considered the submissions made on either side and on perusal of the writ petition papers, it is evident that the petitioner was in-charge of collection and remittance of the amount in the designated bank. It is also admitted that the petitioner has entrusted deposit of the amount along with the challans to his colleague Sri K. Shankar, Senior Veterinary Inspector. It is contained that remitted challans returned by Sri K. Shankar were accounted in the books placed before the - 7 - HC-KAR NC: 2026:KHC:4309-DB WP No. 37381 of 2025 higher authorities entered in the remittance register and there is no misappropriation. It is also on record that after issuance of show-cause notice, the amount has been deposited. It is contented that there is no financial loss, no misappropriation and the charge cannot be held to be proved. It is submitted that the penalty of dismissal from service is disproportionate to the alleged charge. 8. It is on record that it is the duty of the petitioner to collect cash and remit the same in the designated bank account and enter in the registers maintained for that purpose. The collection of cash is not disputed. Existence of challans are not disputed. Seal on the challans is not disputed. Seal of the bank on the challans is not disputed. It is also not in dispute that the amount reflected in such challans is also not remitted to the designated bank account till the same was objected or highlighted by the audit party. It is only when notice was issued, the amount was deposited by the petitioner into the designated bank account. The question remains regarding genuineness of the challans, bank seal and the motive in entering such challans in the registers maintained for handling - 8 - HC-KAR NC: 2026:KHC:4309-DB WP No. 37381 of 2025 cash. It is also evident from the record that the petitioner and his colleague Sri K. Shankar conspired and prepared fake seal and challans, forged signatures on the challans and entered the same in the registers maintained for cash management to indicate as if the cash is remitted into the bank account. The complaint was filed against the petitioner before the Police. Before the Police, it is admitted that the seal used for creating fake challans was burnt and the same has been recorded to have been recovered at the instance of the petitioner. The Enquiry Officer and the Disciplinary Authority having considered the above evidence held that charges are proved and the gravity of the offence is serious and checks the conscience. The Tribunal rightly appreciating the evidence disinclined to entertain the application. 9. The scope of judicial review on the findings of the enquiry report and of the Disciplinary Authority is very limited. This Court will not sit in appeal against the enquiry report and the order of the Disciplinary Authority. Interference will be made in exceptional cases only when the manner of enquiry is found or established to be not in order or impermissible. The petitioner - 9 - HC-KAR NC: 2026:KHC:4309-DB WP No. 37381 of 2025 has no such grievances. The contentions urged are re- appreciation of the findings recorded by the Enquiry Officer and the Disciplinary Authority. This Court in entertaining the writ petition cannot re-appreciate the evidence recorded by the Enquiry Officer and referred to by the Disciplinary Authority. The interference of this Court would be only to the limited extent as observed hereinabove. No such situation or circumstances requiring interference of this Court is demonstrated. We find no infirmities in the order passed by the petitioner requiring interference of this Court. 10. For the reasons above, we are of the view that the writ petition is devoid of merit and accordingly dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 3