SRI K THIRTHAPPA vs THE PRINCIPAL SECRETARY

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HC-KAR
NC: 2026:KHC:57306-DB
WP No. 36773 of 2025
CNR: KAHC010788592025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 36773 OF 2025 (S-KSAT)
BETWEEN:
SRI. K. THIRTHAPPA,
AGED ABOUT 70 YEARS,
S/O LATE K.JAYARAMAPPA
DEPUTY DIRECTOR (RETD),
INDUSTRIES AND COMMERCE DEPARTMENT, NO.3,
KHB COLONY, NEAR RAKSHA HOSPITAL,
KRISHNANDANAGAR, NANDINI LAYOUT,
BENGALURU-560 096.
…PETITIONER
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. DANAPPA P PANIBHATE, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA,
INDUSTRIES AND COMMERCE DEPARTMENT,
VIKASA SOUDHA,
BENGALURU-560 001.
2. THE COMMISSIONER,
SMALL INDUSTRIES AND
COMMERCE DEPARTMENT,

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HC-KAR
NC: 2026:KHC:57306-DB
WP No. 36773 of 2025
CNR: KAHC010788592025
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560 001.
3. THE ACCOUNTANT GENERAL,
GOVERNMENT OF KARNATAKA,
PARK HOUSE ROAD,
BENGALURU-560 001.
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 21/06/2023 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, AT BENGALURU IN APPLICATION
NO.4537/2022 AND 1457/2023 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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HC-KAR
NC: 2026:KHC:57306-DB
WP No. 36773 of 2025
CNR: KAHC010788592025
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Petitioner is before this Court aggrieved by the order
dated 21.06.2023 in Application Nos.4537/2022 and
1457/2023, passed by the Karnataka State Administrative
Tribunal rejecting petitioner's prayer to quash
endorsement dated 20.07.2021 (Annexure-A28),
whereunder the petitioner's prayer to treat the period of
suspension from 07.05.2008 to 10.10.2010 as duty as well
as to grant time bound promotion is rejected.
2. Heard learned counsel Sri.Danappa.P.Panibhate
for the petitioner and learned AGA Sri.Vikas Rojipura for
the respondents. Perused the entire writ petition papers.
3. Learned counsel Sri.Danappa.P.Panibhate for
the petitioner would submit that the petitioner was
imposed with penalty of recovery of 50% of the loss
caused to the State i.e., 14.43 lakhs; withholding 50% of
the pension under Rule 214 of KCSRs; to initiate criminal

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HC-KAR
NC: 2026:KHC:57306-DB
WP No. 36773 of 2025
CNR: KAHC010788592025
proceedings. The said order of penalty was the subject
matter of application before the Tribunal in Application
No.3603/2014. The Tribunal by order dated 28.02.2018
(Annexure-A20) rejected the petitioner's prayer to quash
the order of penalty dated 03.04.2014. Against the said
order of the Tribunal, the petitioner was before this Court
in WP No.14068/2021. This Court by order dated
15.02.2024 passed the following order:
i) The Order of Punishment dated 03.04.2014
is modified only to the effect that the withholding of
pension shall be 5% instead of 50% and that, rest of the
punishment/penalty would remain intact.
ii) The Respondents are directed to pay back to
the Petitioner excess amount recovered from pension,
within three months.
iii) Delay in refund will carry interest at the rate
of 2% per mensum and the interest amount can be
recovered by the State from the erring officials personally,
in accordance with law.
Costs made easy
4. This Court by above order reduced the penalty
of withholding 50% pension to 5% pension and directed to
refund the whatever amount was due to the petitioner.

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HC-KAR
NC: 2026:KHC:57306-DB
WP No. 36773 of 2025
CNR: KAHC010788592025
Thereafter the petitioner made representation to the
respondent authorities praying to treat the period of
suspension from 07.05.2008 to 10.10.2010 as on duty and
also consequently sought to grant time bound
advancement. The said request of the petitioner is
rejected under endorsement dated 20.07.2021.
Questioning the said endorsement, the petitioner was
before the Tribunal in the above stated Application
Nos.4537/2022 and 1457/2023. The Tribunal under
impugned order dated 21.06.2023 rejected the petitioner's
prayer. Questioning the said order, petitioner is before this
Court.
5. Learned counsel for the petitioner would
contend that since this Court has reduced the penalty of
withholding 50% pension to 5%, the petitioner would be
entitled for further consequential benefits. Learned counsel
would submit that the respondents while imposing the
penalty of withholding the pension and also while
recovering a sum of Rs.14.38 lakhs could not have further

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HC-KAR
NC: 2026:KHC:57306-DB
WP No. 36773 of 2025
CNR: KAHC010788592025
treated the period of suspension from 2008 to 2010 as
suspension period which would have a cascading effect on
the pension of the petitioner. Learned counsel would
further submit that the respondents ought to have
regularized the said period as on duty and grant time
bound advancement. Thus, he would pray for allowing the
writ petition.
6. Learned AGA would submit that the punishment
imposed on the petitioner is not set aside, this Court has
only reduced the penalty. It is submitted that the
petitioner is not exonerated of the charges made against
him, so as to claim the period of suspension as on duty
and for consequential grant of time bond advancement.
Thus, learned AGA would pray for dismissal of the writ
petition.
7. Having heard the learned counsel for the parties
and on perusal of entire writ petition papers, we are not

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HC-KAR
NC: 2026:KHC:57306-DB
WP No. 36773 of 2025
CNR: KAHC010788592025
inclined to interfere with the impugned order passed by
the Tribunal.
8. Admittedly, the petitioner was imposed with
penalty under Government order dated 03.04.2014
(Annexure-A19). The punishment imposed reads as
follows:
"1. ಸ ಾರೆ ಉಂಾರುವಆಕನಷ ರೂ 28.86 ಲಗಳ ! "ೇಕ$ಾ
50 ರಷು ಅಂದ)ೆ 14.43 ಲಗಳನು, (ರೂಹ/0ಾಲು ಲದನಲವತೂ2ರು
3ಾ4ರ5ಾತ6) ಬ9: ಸ;ೕತಭೂಕಂ=ಾಯ?ಾ@ ಎಂದುಪCಗDE
ಆFಾ/ತಅGಾCHಂದವಸೂIಾJ 5ಾಡಲುಸಾರವL ಆ=ೇME=ೆ.
2. ಅGಾCಯ NಂಚDಯ ಅಧದಷು ಮುಟುSೋಲು Tಾ@ೊಳUಲು
ೆ.E.ಎV. Wಯಮ 214 (1) (ಎ) (X) ರನYಯಸಾರವL ಆ=ೇME=ೆ.
3. ಸದC ಅGಾCಯ4ರುದZ E4[/@6]ನ[ ^ಕದ_; ಹೂಡಲು
ಸಾರವL ಆ=ೇME=ೆ.
4. ಐNN aೕಜ0ೆಯ9 ಆ)ೋಗc ಮತು2 ಕುಟುಂಬಕIಾcಣಇIಾfೆSೆ
ಕಳFೆ ಗುಣಮಟದ Nೕgೋಪಕರಣಗಳನು, ಸರಬ)ಾಜು 5ಾ9ದ ;:
40ಾಯಕ ಇಂಡEiೕV Mವ^ಗj, Tಾಗೂ ;: )ಾಜುಇಂಡEiೕV,
Mವ^ಗj ಈ mಾDಜc ಸಂ3ೆnಗಳನು, ಕಪLo ಪpSೆ3ೇCಸಲುಸಾರವL
ಆ=ೇME=ೆ."
9. As stated above the said order of penalty was
the subject matter of application before the Tribunal in

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HC-KAR
NC: 2026:KHC:57306-DB
WP No. 36773 of 2025
CNR: KAHC010788592025
Application No.3603/2014. The said application came to be
dismissed and the writ petitioner was before this Court in
WP No.14068/2021. This Court by order dated 15.02.2024
partly allowed the petitioner's prayer and reduced the
punishment from withholding 50% of pension to that of
5%. However, the order of penalty is intact and is not set
aside by this Court. The charge against the petitioner
stands proved and the petitioner is not exonerated of the
alleged charges. Therefore, when the order of penalty
remains staring at the petitioner, the petitioner cannot
seek for regularization of period of suspension. The
petitioner would be entitled for seeking regularization of
suspension period only when he is exonerated of the
charges alleged against him. If one is exonerated of the
charges, Rules 99 and 100 of KCSRs would provide for
regularization of period of suspension. Since the petitioner
is not exonerated of the charges, the petitioner would not
be entitled for regularization of suspension period. Further,
when the petitioner is not entitled for regularization of the

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HC-KAR
NC: 2026:KHC:57306-DB
WP No. 36773 of 2025
CNR: KAHC010788592025
suspension period, consequently, he would not be entitled
for any time bond advancement for that period. Thus, we
don't find any error or illegality in the order passed by the
Tribunal. Accordingly, there is no merit in the writ petition.
dismissed
Accordingly, the writ petition stands .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
List No.: 1 Sl No.: 12