Karnataka High Court
Ravi Avaradi vs The State Of Karnataka on 10 March, 2025
Author: S G Pandit
Bench: S G Pandit
-1-
NC: 2025:KHC-D:4547-DB
WP No. 102676 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.102676 OF 2023 (S-KAT)
BETWEEN:
RAVI AVARADI S/O. BHIMAPPA AVARADI,
AGE. 49 YEARS, OCC. PRESENTLY WORKING
AS VILLAGE ACCOUNTANT,
AT BEKKERI VILLAGE IN RAIBAG TALUKA,
DIST. BELAGAVI, R/O. M. S. JANAKI BUILDING,
1ST CROSS, BASAVA NAGAR,
GOKAK, TAL. GOKAK, DIST. BELAGAVI-591101.
...PETITIONER
(BY SRI. S.B. MALLIGAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE, M. S. BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU-560001.
2. KARNATAKA LOKAYUKTA
ASHPAK
R/BY ITS REGISTRAR,
KASHIMSA
MALAGALADINNI
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
Digitally signed by
ASHPAK KASHIMSA
MALAGALADINNI
Location: HIGH
3. ADDITIONAL REGISTRAR OF ENQUIRIES (3)
COURT OF
KARNATAKA KARNATAKA LOKAYUKTA,
DHARWAD BENCH
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
4. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT, BELAGAVI-590001.
...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1 & R4)
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 QUASHING THE ORDER DATED
-2-
NC: 2025:KHC-D:4547-DB
WP No. 102676 of 2023
06.11.2020 IN APPLICATION NO.12278/2020 PASSED BY THE
KARNATAKA ADMINISTRATIVE TRIBUNAL, BENGALURU, THE COPY
OF THE JUDGMENT IS PRODUCED AT ANNEXURE-B & ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
1. The petitioner, compulsorily retired Village
Accountant, is before this Court questioning the Government
Order dated 17.8.2020 imposing punishment of compulsory
retirement (Annexure-A9) as well as rejection of his challenge
to the compulsory retirement vide order dated 6.11.2020
passed by the Karnataka Administrative Tribunal, Bengaluru1 in
Application No.12278/2020 (Annexure-B).
2. Charge against the petitioner is, demand and
acceptance of illegal gratification of Rs.2,000/- for making entry
in the mutation register. The charge reads as under:
"That you, Sri. Ravi Bheemappa Avaradi, (hereinafter
referred to as Delinquent Government Official, in short
DGO), while working as the Village Accountant,
'Tribunal', for short
NC: 2025:KHC-D:4547-DB
Mahishavadagi, Athani Taluk, Belgaum District demanded
a bribe of Rs.2,000/- and received the same through one
Sri. Bheemappa Mallappa Janawada on 11.10.2005 from
the complainant Sri. Shrenik Chandappa Upadhaya,
Mahishavadagi, Athani Taluk, Belgaum District for making
an entry in the mutation register and other revenue
records in respect of Sy.No.296/5 and 257/1 of
Mahishavadagi village as per Court order that is for doing
an official act, and the thereby you failed to maintain
absolute integrity and devotion to the duty and committed
an act which is unbecoming of a Government Servant and
thus you are guilty of misconduct under Rule 3(1)(i) to (iii)
of KCS (Conduct) Rules, 1966."
3. On the above said charge, a detailed enquiry was
conducted by the Additional Registrar (Enquiries-3), Karnataka
Lokayukta, Bangalore, wherein charge against the petitioner
was proved and enquiry report along with recommendation of
Upalokayukta was forwarded to the government.
Upalokayukta under recommendation dated 2.8.2019
recommended the penalty of compulsory retirement from
service. After providing an opportunity to the petitioner to
submit his comments on the enquiry report, respondent
No.1/State imposed punishment of compulsory retirement
under impugned Government Order dated 17.8.2020. The
Tribunal under impugned order dated 6.11.2020 vide
NC: 2025:KHC-D:4547-DB
Annexure-B rejected the petitioner's challenge to the said order
of compulsory retirement.
4. It is pertinent to note that on the same allegation of
demand and acceptance of bribe money, charge sheet was filed
in Spl.CC (Lokayukta) No.34/2006 against the petitioner before
the learned IV Addl. District and Special Judge, Belagavi. By
judgment dated 16.12.2010, the petitioner was convicted.
Challenging his conviction, the petitioner filed an appeal in
Crl.A.No.2520/2010 before this Court. This Court by judgment
dated 14.02.2020 dismissed the appeal confirming the
conviction and sentence passed in Spl.CC (Lokayukta)
No.34/2006. Aggrieved by the same, the petitioner filed
SLP(Crl.) No.3946/2020. The Apex Court by order dated
17.11.2020 dismissed the said SLP confirming the judgment
passed by the District Court as well as this Court. Thus,
conviction and sentence against the petitioner has become
final.
5. The recommendation of Upalokayukta and
imposition of punishment of compulsory retirement on the
proved misconduct of demand and acceptance of bribe money
NC: 2025:KHC-D:4547-DB
of Rs.2,000/- is proportionate. Even otherwise, on conviction
which is confirmed by the Apex Court, the petitioner would be
liable for removal or dismissal. We do not find any error or
ground to interfere with the impugned order passed by the
Tribunal. Accordingly, writ petition stands rejected.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
JTR
CT:VP
