Karnataka High Court
Karnataka Lokayukta vs Gunwanth Suryavamshi on 5 September, 2024
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NC: 2024:KHC:36573-DB
WP No. 10939 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT PETITION NO. 10939 OF 2023 (S-KSAT)
BETWEEN:
KARNATAKA LOKAYUKTA
DR. B.R. AMBEDKAR VEEDHI,
M S BUILDING,
BENGALURU-560001.
REP. BY ITS REGISTRAR.
...PETITIONER
(BY SRI. MALLIKARJUN REDDY K.S., ADVOCATE)
AND:
1. GUNWANTH SURYAVAMSHI
S/O SANGRAM
Digitally signed AGED ABOUT 61 YEARS
by NANDINI D
Location: High JUNIOR ENGINEER,
Court of MINOR IRRIGATION AND
Karnataka
GROUND WATER DEPARTMENT,
BIDAR DIVISION, BIDAR-585401.
R/A BHAVANI, BIJALGAON,
AURAD TALUK,
BIDAR DISTRICT-585326.
2. STATE OF KARNATAKA
REP. BY ITS SECRETARY
RURAL DEVELOPMENT AND
PANCHAYATH RAJ DEPARTMENT,
M S BUILDING,
BENGALURU-560001.
-2-
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WP No. 10939 of 2023
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND BUILDING (SOUTH)
M S BUILDINGS,
BENGALURU-560001.
...RESPONDENTS
(BY SMT. SHILPA S.GOGI, ADV. FOR R1,
SRI. NAVEEN CHANDRASHEKAR, AGA FOR R2 & R3.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR
DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING
THE ORDER DATED 13-09-2019 PASSED BY THE KARNATAKA
ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION
No. 5824/2017, AS PER ANNEXURE A ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN
and
HON'BLE MR JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing for petitioner-
Karnataka Lokayukta, Smt. Shilpa S Gogi, learned counsel
appearing for respondent No.1 and learned Government
Advocate for respondents No.2 and 3.
2. It is submitted that respondent No.1, being
aggrieved by the order of imposing penalty of withholding
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four annual increments with cumulative effect and to defer
the promotion of the applicant by two years, whenever he
becomes due for promotion, had filed an application
No.5824/2017 before the Karnataka Administrative
Tribunal, Bengaluru. The Tribunal after considering the
material on record has allowed the application of the
applicant and set aside the order dated 31.08.2017 passed
by respondent No.3.
3. It is submitted that the order of the Tribunal
was dated 13.09.2019. Pursuant thereto, the Disciplinary
Authority in the Government had considered the said
finding of the Tribunal and has passed orders dated
08.07.2020, withdrawing the order of penalty and
complying with the orders of the Tribunal. It is submitted
that only thereafter on 23.05.2023, the instant writ
petition is filed by the petitioner-Karnataka Lokayukta
challenging the order of the Tribunal.
4. Having considered the contentions advanced
and having heard the learned Government Advocate and
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in view of the fact that the appropriate Authority of the
Government has not chosen to challenge the order of the
Tribunal and has, as a matter of fact, implemented the
order of the Tribunal, we close this writ petition without
going into the merits of the case.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
SSD
