[Cites 4, Cited by 0]

Karnataka High Court

The State Of Karnataka vs Sri.K.A.Lakshmana on 23 March, 2026

Author: S.G.Pandit

Bench: S.G.Pandit

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                                                               WP No. 4193 of 2026


                       HC-KAR




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 23RD DAY OF MARCH, 2026
                                                PRESENT
                                 THE HON'BLE MR. JUSTICE S.G.PANDIT
                                                    AND
                                THE HON'BLE MR. JUSTICE K. V. ARAVIND
                           WRIT PETITION NO. 4193 OF 2026 (S-KSAT)
                      BETWEEN:

                      1.   THE STATE OF KARNATAKA,
                           REP. BY ITS PRINCIPAL SECRETARY,
                           REVENUE DEPARTMENT,
                           M.S. BUILDING,
                           BENGALURU-560 001.

                      2.   THE DEPUTY COMMISSIONER,
                           CHIKKAMAGALURU DISTRICT,
                           CHIKKAMAGALURU-577101.

                      3.   THE TAHSILDAR,
                           MUDIGERE TALUK,
                           CHIKKAMAGALURU DISTRICT-577132.
                                                                      ...PETITIONERS
                      (BY SRI. V SHIVAREEDY, AGA)
Digitally signed by
NANJUNDACHARI
Location: HIGH
COURT OF              AND:
KARNATAKA
                      SRI.K.A. LAKSHMANA,
                      S/O LATE ANDANALAH,
                      AGED ABOUT 42 YEARS,
                      WORKING AS REVENUE INSPECTOR,
                      GONIBEEDU HOBLI,
                      CHIKKAMAGALURU DISTRICT,
                      RESIDING AT GONIBEEDU,
                      CHIKKAMAGALURU DISTRICT-577132.
                                                                      ...RESPONDENT

                           THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
                      THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE
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                                      NC: 2026:KHC:16253-DB
                                       WP No. 4193 of 2026


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RECORDS; B) ISSUE WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER OF DIRECTION TO QUASH THE ORDER
DATED 28/09/2022     PASSED BY   THE KARNATAKA    STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION
NO.2795/2022 C/W APPLICATION NO.2676/2022 AND CTA
NO.367/2025 AND 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 S.G.PANDIT)

Petitioners - State Authorities are before this Court

under Article 226 of the Constitution of India, questioning

the order dated 28.09.2022 in Application No. 2795/2022

c/w Application No.2676/2022, wherein the Tribunal

passed the following order:

"ORDER

(i) The order in A.No.2676/2022 bearing No.EST(2) Cr:74/2019-20 dated 17.06.2022 issued by 2nd respondent (Annexure-A7 (so far as applicant is concerned) is set aside and further directing to consider the applicant for regular promotion as per O.M.dated 17.06.2022 (Annexure-A8) and the order bearing No.E-RD 141 BSI 2022 dated 29.06.2022 issued by 1st respondent (Annexure-A5) (only in so far it

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relates to posting of 4th respondent (Sl.No.26) to the place of applicant is concerned in A.No.2795/2022 are set aside holding that applicant is entitled for all benefit and to continue him as Revenue Inspector."

2. Heard Sri. Shiva Reddy, learned AGA for

petitioners and perused entire writ petition papers at the

stage of orders.

3. Learned AGA would submit that the Tribunal

committed an error in directing the petitioners to consider

the case of the respondent for promotion to the cadre of

Revenue Inspector from the date his juniors are promoted

under Official Memorandum dated 17.06.2022. Since on

this date, sanction has been accorded for prosecution of

the respondent as well as one enquiry is at the stage of

passing final order/s on submission of enquiry report.

4. Learned AGA would submit that as the

proceedings against the respondent as stated above is

pending, the respondent would not be entitled for regular

promotion from the date his juniors are promoted.

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Learned AGA further submits that as on the date of DPC

i.e., 06.06.2022, the order of penalty was operating

against the respondent which was under challenge before

the Tribunal. The Tribunal set aside the order of penalty

by order dated 06.09.2022 and thereafter the State has

granted permission for prosecution against the respondent

and one enquiry against the respondent is at the stage of

final order/conclusion. As such it is submitted that the

respondent is not entitled for promotion as on this date.

5. Having heard the learned AGA for petitioners

and having perused the writ petition papers, we are not

inclined to interfere with order passed by the Tribunal

directing to consider the case of the respondent for regular

promotion from the date on which respondent's juniors are

promoted, i.e., Official Memorandum dated 17.06.2022.

6. Admittedly, DPC for regular promotion to the

cadre of Revenue Inspector was held on 06.06.2022 and

the juniors of the respondent are promoted by Official

Memorandum dated 17.06.2022 (Annexure-A8), while

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following sealed cover procedure in respect of respondent.

In view of the penalty operating against respondent,

sealed cover procedure insofar as respondent was

followed. However, the said penalty was the subject

matter of application before the Tribunal in Application

No.4540/2021. The said application was allowed by order

dated 06.09.2022 quashing the order of penalty.

Thereafter the respondent approached the Tribunal.

Among other prayers, seeking direction to promote him to

next higher cadre of Revenue Inspector from the date on

which his juniors were promoted. Under impugned order,

the prayer of the respondent was allowed with the above

extracted directions by the Tribunal.

7. Learned AGA contended that as on this date, by

Government Order dated 11.03.2023 prosecution

permission has been granted against respondent and also

that in a concluded enquiry final order is yet to be passed.

Hence the respondent would not be entitled for

consideration of his case for promotion from the date his

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juniors are promoted. The said contention is untenable as

subsequent events cannot be taken note of while giving

effect to sealed cover procedure followed in a DPC meeting

held earlier i.e., on 06.06.2022. As on the date of DPC i.e.,

on 06.06.2022 penalty was operating against respondent

and said penalty order was quashed by order dated

06.09.2022 in Application No.4541/2022 in favour of the

respondent. In view of quashing of the penalty against the

respondent, there was no impediment for the petitioners

to give effect to the decision contained in sealed cover

procedure followed in the DPC meeting held on

06.06.2022. Subsequent developments or initiation of

enquiry cannot be a reason to deny giving effect to the

decision of DPC kept in a sealed cover.

8. The Hon'ble Apex Court in the case of Delhi Jal

Board vs Mahinder Singh, reported in 2000 (7) SCC 210,

has categorically made it clear that subsequent initiation of

enquiry cannot be a ground to deny giving effect to the

decision contained in a sealed cover followed in a DPC

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held earlier to the initiation of subsequent enquiry. The

relevant extract of the judgment of the Hon'ble Apex Court

in Delhi Jal Board (supra) is reproduced hereunder:

"5. The right to be considered by the Departmental Promotion Committee is a fundamental right guaranteed under Article 16 of the Constitution of India, provided a person is eligible and is in the zone of consideration. The sealed cover procedure permits the question of his promotion to be kept in abeyance till the result of any pending disciplinary inquiry. But the findings of the disciplinary inquiry exonerating the officer would have to be given effect to as they obviously relate back to the date on which the charges are framed. If the disciplinary inquiry ended in his favour, it is as if the officer had not been subjected to any disciplinary inquiry. The sealed cover procedure was envisaged under the rules to give benefit of any assessment made by the Departmental Promotion Committee in favour of such an officer, if he had been found fit for promotion and if he was later exonerated in the disciplinary inquiry which was pending at the time when DPC met. The mere fact that by the time the disciplinary proceedings in the first

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inquiry ended in his favour and by the time the sealed cover was opened to give effect to it, another departmental enquiry was started by the Department, would not, in our view, come in the way of giving him the benefit of the assessment by the first Departmental Promotion Committee in his favour in the anterior selection. There is, therefore, no question of referring the matter to a larger Bench."

9. The impugned order passed by the Tribunal is

dated 28.09.2022 whereas, the writ petition is filed on

04.02.2026, i.e., after nearly three and half years. No

explanation is forthcoming in the entire writ petition. It

appears that the respondent filed Contempt of Tribunal

Application in CTA No.367/2025 (Annexure-A) alleging

non-compliance and in the said contempt proceedings,

Tribunal issued notice directing personal appearance of the

first petitioner. Thereafter the present writ petition is

filed. There is no bona fide in the writ petition. Though

there is no limitation prescribed for filing of writ petition, if

the State is aggrieved, it ought to have approached this