THE STATE OF KARNATAKA vs SRI. AGASARA CHANNAPPA S/O A. ANJANEPPA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16351-DB
WP No. 104772 of 2026
CNR: KAHC020100042026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ST
DATED THIS THE 1 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS JUSTICE USHARANI
WRIT PETITION NO.104772 OF 2026 (S-KAT)
BETWEEN:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRL. SECRETARY TO GOVT.,
DEPT. OF TOURISM, VIKAS SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU – 560 001.
2. THE DIRECTOR,
DEPARTMENT OF TOURISM,
EMBASSY ICON BUILDING,
INFANTRY BUILDING,
BENGALURU – 560 001. …PETITIONERS
(BY SRI. SHARAD V. MAGADUM, ADDL. GOVERNMENT ADVOCATE)
AND:
1. SRI. AGASARA CHANNAPPA,
S/O. A. ANJANEPPA,
AGE: 56 YEARS, OCC: DRIVER,
TOURISM DEPARTMENT,
KAMALAPURA, HOSPET, BELLARY,
TH
R/O: 7 WARD,
CHAPPARADA VILLAGE – 583 134,
HOSPET TQ, VIJAYNAGAR DIST.
2. THE REGISTRAR,
KARNATAKA LOKAYUKTA,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU – 560 001.
…RESPONDENTS
(BY SRI. S.A. SONDUR, ADVOCATE FOR R1
SRI. SANTOSH MALAGOUDAR, ADVOCATE FOR R2)
Digitally signed
by YASHAVANT
NARAYANKAR
Location: High
court of
Karnataka,
Dharwad bench
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HC-KAR
NC: 2026:KHC-D:16351-DB
WP No. 104772 of 2026
CNR: KAHC020100042026
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR
DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ORDER
DATED 28.07.2025 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10299/2025
(ANNEXURE-C TO THE WRIT PETITION); TO GRANT SUCH OTHER
RELIEFS AS THIS HON’BLE COURT MAY DEEM FIT IN THE
CIRCUMSTANCES OF THE CASE.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
HON'BLE MRS JUSTICE USHARANI
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The State has filed the present petition impugning the order
dated 28.07.2025 passed by the learned Karnataka
State Administrative Tribunal, Belagavi [ KSAT ] in Application
No.10299 of 2025.
2. Respondent No.1 filed the aforesaid application before the
learned KSAT under Section 19 of the Administrative Tribunals Act,
1985 impugning an order dated 14.02.2025 passed by petitioner
No.1 herein dismissing respondent No.1 from service. Respondent
No.1 also prayed to be reinstated into service with all consequential
benefits.
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WP No. 104772 of 2026
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3. Respondent No.1 was employed by the Tourism Department
of the State as a driver. The State had issued an order dated
22.11.2013 to provide tourist taxis for two thousand unemployed
educated candidates belonging to the Scheduled Caste and
Scheduled Tribe category for the year 2013-14 under the SC-
ST/TSP project. The State issued guidelines for selecting the
beneficiaries. For the said purpose, advertisements were issued in
the newspapers calling for applications.
4. In conformity with the said guidelines issued, a Committee
consisting of Assistant Commissioner, Hosapete, Tahasildar,
Hospete, Regional Transport Officer, Transport Department,
Hosapete, Assistant Director, Tourism Department, was
constituted. The committee met on 27.02.2014 to scrutinize the
application forms along with documents. Another meeting was held
on 03.03.2014 and the participants included the Deputy
Commissioner and Chairman, District Tourism Development
Committee, Ballary, Assistant Commissioner, Hosapet, Regional
Transport Officer, Transport Department, Hosapet, District Social
Welfare Officer, Manager Dr. B.R.Ambedkar Corporation Ltd. and
the Assistant Director. The applications were scrutinized and 87
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WP No. 104772 of 2026
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candidates belonging to Scheduled Caste and Scheduled Tribes
were selected. Although selection was made, no funds were
disbursed to the selected candidates at the material time.
5. The Inspector of Police, Karnataka Lokayakuta, Hosapete,
sent a communication to the Superintendent of Police, Karnataka
Lokayukta, Ballari, on 30.07.2014 stating that he had credible
information that illegal gratification had been paid by certain
ineligible candidates for being provided the benefits under the said
Project.
6. On the basis of the same, an enquiry was conducted against
three officials referred to as DGO-1, DGO-2 and DGO-3.
Respondent No.1 was referred to as DGO-3. The Departmental
Inquiry found merit in the allegations and accordingly submitted the
recommendations to the aforesaid effect. Based on the report, a
disciplinary action was taken against the three officials. The other
two officials i.e., DGO-1 and DGO-2 challenged the said action
before the learned KSAT and succeeded. The State preferred a
writ petition in W.P. No.655/2025 (S-KSAT) against DGO-1, which
was dismissed.
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WP No. 104772 of 2026
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7. This Court is informed that DGO-1 and DGO-2, who were
part of the selection committee, have not been proceeded against
and have since superannuated. The learned KSAT has allowed the
application of Respondent No.1 on the ground that the issue is
squarely covered by the decision in the case of DGO-1 and
DGO-2.
8. The learned Additional Government Advocate appearing for
the State contended that the case of respondent No.1 [ DGO-3 ]
could not be considered as similar to that of DGO-1 and DGO-2.
He submitted that DGO-3 was a driver and was not a part of the
selection committee. Despite the same, there was sufficient
evidence that DGO-3 had received illegal gratification. He referred
to the report of the Inquiry Committee and submitted that a list of
the candidates was found in the residence of DGO-3, even though
he had no role to play in their selection. He submitted that DGO-3
had noted down the names of certain candidates in a diary which
was subsequently torn. Additionally, a sum of Rs.9,000/- was found
from his residence. He submitted that there was no requirement for
DGO-3 to be in possession of the applications, but the same were
found in his residential premises.
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9. The limited question to be addressed is, whether the
evidence in the case of DGO-3 is materially different than that in
the case of other officials so as to sustain the inquiry report, which
has been faulted by the KSAT in the case of DGO-1 and DGO-2.
10. A plain reading of the inquiry report indicates that it is
premised on the evidence of a solitary witness-PW.1. None of the
candidates who allegedly paid any bribe were examined. PW-1 has
clearly admitted that he had no direct knowledge as he was not
involved in the raid that was conducted. This is the principal ground
on which the learned KSAT found that the disciplinary action taken
against DGO-1 and DGO-2 was not sustainable. The said
reasoning also holds good in the case of DGO-3. There is no direct
evidence that DGO-3 is involved in accepting any illegal
gratification. None of the persons, who allegedly paid any bribe,
were examined. The only material found against DGO-3 is that he
had certain documents which he claimed was given to him for
photocopying. In any event, the same is not proof of collecting
illegal gratification or collecting benefits. It is also not disputed that
DGO-3 had no role in the selection of the candidates, who were to
be selected by the Committee of which DGO-3 was not a part.
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WP No. 104772 of 2026
CNR: KAHC020100042026
11. In view of the above, we find no infirmity with the decision
rendered by the learned KSAT. The petition is thus, liable to be
dismissed.
12. However, this Court is informed that DGO-3 has attained
superannuation on 31.05.2026. Therefore, he could not be
reinstated. However, he would be entitled to the consequential
benefits which would directly flow from the decision of the learned
KSAT. It is further directed that consequential benefits as payable,
shall be paid within eight weeks from the date of receipt of a copy
of this order.
13. The petition is dismissed with the aforesaid observations.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(USHARANI)
JUDGE
KMS/CT: ASC
List No.: 1 Sl No.: 2