SRI SHEKARA vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57210
WP No. 18312 of 2026
CNR: KAHC010402582026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 18312 OF 2026 (S-RES)
BETWEEN:
1.
SRI SHEKARA
AGE 65 YEARS,
OCC: RETIRED ASSISTANT EXECUTIVE ENGINEER
R/O NO. 683, VIJAYANAGARA,
1ST STAGE, 10TH CROSS,
10TH MAIN MYSORE-570 017.
… PETITIONER
(BY SRI. SHAKTHIDHAR S SHANKER., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY TO GOVT
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA, BR AMBEDKAR VEEDHI
BENGALURU-560 001.
Digitally
signed by
PRAKASH N
Location:
HIGH COURT
OF
KARNATAKA
2. THE MANAGING DIRECTOR
KARNATAKA STATE SMALL SCALE INDUSTRIES
DEVELOPMENT CORPORATION,
INDUSTRIAL AREA RAJAJINAGARA
BENGALURU-560 010.
3. THE GENERAL MANAGER,
ADMINISTRATION AND LAND ACQUISITION

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HC-KAR
NC: 2026:KHC:57210
WP No. 18312 of 2026
CNR: KAHC010402582026
KARNATAKA STATE SMALL SCALE INDUSTRIES
DEVELOPMENT CORPORATION,
INDUSTRIAL AREA RAJAJINAGARA
BENGALURU - 560 010
… RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA FOR R1;
SRI SHISHIRA AMARNATH, ADVOCATE FOR R2 AND R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT
IN THE NATURE OF CERTIORARI QUASHING THE ORDER
DATED 03/09/2022 PASSED BY RESPONDENT NO. 2 VIDE
ANNEXURE- D BEARING NO.ADALITHA/SIBBANDHI/526/2014-
2022 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The petitioner, who was an Assistant Executive
Engineer at respondent - Karnataka State Small Industries
Development Corporation, and is now retired has called in
question the validity of the order at Annexure-'D' dated
03.09.2022, whereby, the petitioner's request for disbursal
of his financial benefits upon superannuation has been
rejected on the ground that Upalokayukta has been
entrusted with necessary papers relating to the aspect of

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HC-KAR
NC: 2026:KHC:57210
WP No. 18312 of 2026
CNR: KAHC010402582026
trap and that after the report is received, necessary
consideration would be made. Such endorsement was
made on 03.09.2022 as at Annexure-'D'.
2. It transpires that the proceedings were sought
to be instituted relating to the incident of trap, which
procedure was resorted to under the provisions of the
Prevention of Corruption Act, 1988.
3. This Court, vide order dated 20.06.2024 passed
in W.P.No.6338/2024 had set aside the departmental
proceedings referring to the embargo found in Rule
214[2][b][ii] of the Karnataka Civil Services Rules, 1957
[KCSR]. By virtue of setting aside of the order at
Annexure-'E' dated 11.07.2022 in the said writ petition,
the departmental proceedings have been closed.
4. Learned counsel for the petitioner would submit
that necessary directions be now made to the respondent
Corporation to release the petitioner's superannuation
benefits.

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HC-KAR
NC: 2026:KHC:57210
WP No. 18312 of 2026
CNR: KAHC010402582026
5. Learned counsel appearing for respondent
Nos.2 and 3 submits that insofar as the same incident, the
proceedings in the criminal case have culminated in an
order of conviction and the petitioner though has obtained
an order of suspension of sentence, the respondent
Corporation is entitled to withhold petitioner's
superannuation benefits in light of such judicial
proceedings.
6. At the outset, it must be noticed that the order
at Annexure-'D' dated 03.09.2022 was in the context of
departmental proceedings that were contemplated to be
initiated against the petitioner relating to the incident of
trap. Admittedly, the departmental enquiry proceedings
have been set aside by order dated 20.06.2024 passed in
W.P.No.6338/2024.
7. The question of withholding of petitioner's
superannuation benefits for any further period of time is
not permissible in light of Annexure-'D' dated 03.09.2022

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HC-KAR
NC: 2026:KHC:57210
WP No. 18312 of 2026
CNR: KAHC010402582026
now having spent itself. Whether the criminal case in
which the petitioner is stated to have been convicted could
be a proceeding taken note of, could be looked at in the
context of the order of conviction being passed on
10.04.2026 in S.C.No.7/2018 on the file of learned
Principal District and Sessions Judge, Kalaburagi, as such
order of conviction is subsequent to the petitioner's
superannuation. Without any procedure having been
resorted to for withholding the petitioner's pension as
regards the proceeding before the Criminal Court and
further noticing that the order of suspension of sentence
has been passed by this Court on 17.04.2026 in Criminal
Appeal No. 200127/2026, it would not be appropriate to
permit withholding of superannuation benefits noticing
that the petitioner had attained superannuation way back
on 30.06.2019.
8. It must be noticed that Rule 214 of KCSR
though no doubt refers to departmental proceedings or

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HC-KAR
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WP No. 18312 of 2026
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judicial proceedings. In the present case on hand, the
departmental proceedings itself having been set aside,
resort to judicial proceedings which is a subsequent event
on 10.04.2026 in S.C.No.7/2018 to withhold the benefits
would not be permissible to deny what the petitioner was
already entitled to by virtue of exoneration in the
departmental proceedings. The judicial proceedings have
ended in conviction only on 10.04.2026 in S.C.No.7/2018,
which is more than five years after the petitioner has
retired and even otherwise, there is an order of
suspension of sentence passed by this Court on
17.04.2026 in Criminal Appeal No.200127/2026, the
petitioner cannot be deprived of his superannuation
benefits indefinitely referring to pendency of the Criminal
Appeal.
9. In light of this Court's order at Annexure-'E'
dated 20.06.2024 passed in W.P.No.6338/2024, the
endorsement at Annexure-'D' dated 03.09.2022 is set

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HC-KAR
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WP No. 18312 of 2026
CNR: KAHC010402582026
aside. The respondents are directed to settle the
superannuation benefits of the petitioner.
10. Accordingly, the petition is disposed of . The
superannuation benefits of petitioner is to be settled within
a period not later than two months from the date of
receipt of certified copy of the order.
11. It is clarified that this order does not seek to lay
down any law on the point adverted to and is passed in
the peculiar facts of the present case.
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
VGR