SURYAKANT P KASAR vs THE STATE OF KARNATAKA

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC-K:10828-DB
WP No. 204184 of 2017


CNR: KAHC030063062017



IN THE HIGH COURT OF KARNATAKA



KALABURAGI BENCH

ST
DATED THIS THE 1 DAY OF OCTOBER, 2026

PRESENT

THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

AND

THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO

WRIT PETITION NO.204184 OF 2017 (S-KAT)


BETWEEN:

SURYAKANT P. KASAR S/O PARSHWANATH,
AGE: 66 YEARS, OCC: ACCOUNTS
SUPERINTENDANT, R/O. VIMAL NIVAS,
MAHALAXMI NAGAR, BRAHMPUR, KALE LAYOUT,
KALABURAGI.

…PETITIONER

(BY SRI. ARUN CHOUDAPURKAR AND SRI. VISHAL PRATAP
SINGH, ADVOCATES)

AND:

THE STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
WATER RESOURCE DEPARTMENT,
VIKAS SOUDHA, BENGALURU-560 001.

…RESPONDENT

(BY SRI. VEERANAGOUDA MALIPATIL, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226








Digitally signed
by SHIVALEELA
D UDAGI
Location: HIGH
COURT OF
KARNATAKA

AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) CALL

- 2 -
HC-KAR
NC: 2026:KHC-K:10828-DB
WP No. 204184 of 2017


CNR: KAHC030063062017


FOR RECORDS IN APPLICATION NO.3678/2011 OF KARNATAKA
STATE ADMINISTRATIVE Tribunal (KAT) AT BENGALURU.
B) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING
THE ORDERS PASSED BY THE KARNATAKA ADMINISTRATIVE
Tribunal, BENGALURU IN APPLICATION NO.3678/2011 DATED
21.04.2017 VIDE ANNEXURE-A. C) ISSUE A WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE RESPONDENT NOT TO
RECOVER ANY AMOUNT FROM THE PETITIONER VIDE
ANNEXURE-A IN APPLICATION NO.3678/2011 AND ETC.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
and
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO

ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)

This writ petition is filed by the petitioner challenging the
order dated 21.04.2017 passed in Application No. 3678/2011
by the Karnataka State Administrative Tribunal, Bengaluru (for
short, ‘the Tribunal’).


2. The Brief facts giving rise to filing of this
petition/appeal are as under:

- 3 -
HC-KAR
NC: 2026:KHC-K:10828-DB
WP No. 204184 of 2017


CNR: KAHC030063062017



The petitioner joined the duty as in-charge Audit Officer
in the office of the Executive Engineer, KNNL, BNT Project,
Division Kalaburagi, on deputation. The petitioner was in the
office of the Executive Engineer, KNNL, BNT Project Division in
Kalaburagi as a in-charge audit officer as per the directions of
the Executive Engineer, and order was passed till his transfer
on 13.05.2005.


3. An enquiry was conducted against the petitioner
and others. The enquiry officer has submitted a report alleging
that the charges leveled against the petitioner and others were
proved, and passed an order for recovery of the said amount of
Rs.23,34,100/- in proportionate, wherein, the petitioner has
been directed to pay Rs.5,17,677/- amount. The petitioner
aggrieved by the said order, approached the Tribunal,
Bengaluru in Application No.3678/2011.


4. The respondent has not filed statement of
objections.

- 4 -
HC-KAR
NC: 2026:KHC-K:10828-DB
WP No. 204184 of 2017


CNR: KAHC030063062017




5. The Tribunal, after hearing the learned counsel for
the parties, dismissed the Application vide order dated
21.04.2017. The petitioner aggrieved by the order dated
21.04.2017, passed in Application No.3678/2011 filed this writ
petition.


6. Heard learned counsel Sri.Arun Chowdapurkar and
Sri.Vishal Pratap Singh, for the petitioner and learned
Additional Government Advocate for the respondents.


7. Learned counsel for the petitioner submit that
respondent has filed a suit for recovery of money in
O.S.No.88/2007 against the petitioner and others. The said suit
came to be dismissed against the petitioner herein vide
judgment dated 23.10.2017. He submits that the petitioner is
not entitled to pay the amount as claimed by the respondent.
The said suit came to be disposed of during the pendency of
this writ petition. Learned counsel for the petitioner submit that
in view of the subsequent developments, this Court can take

- 5 -
HC-KAR
NC: 2026:KHC-K:10828-DB
WP No. 204184 of 2017


CNR: KAHC030063062017


judicial note of the dismissal of the said suit against the
petitioner in O.S.No.88/2007. Hence, on these grounds, they
pray to allow the writ petition.

Per contra
8. , learned Additional Government
Advocate has supported the impugned order and he submits
that the petitioner and others have misappropriated the funds
and enquiry was conducted and charges were proved against
the petitioner and others. He submits that mere dismissal of
suit, the petitioner cannot escape from the liability in regard to
the refund of the amount as claimed by the respondent. Hence,
on these grounds, he prays to dismiss the writ petition.


9. Perused the records and considered the
submissions of the learned counsel for the parties.


10. It is an undisputed fact that the enquiry was
conducted against the petitioner and others. The petitioner and
others have participated in the enquiry. The enquiry officer,
after holding due enquiry, submitted a report and opined that

- 6 -
HC-KAR
NC: 2026:KHC-K:10828-DB
WP No. 204184 of 2017


CNR: KAHC030063062017


the charges leveled against the petitioner and others are
proved and recommended for recovery of the amount. Out of
16 officers, ten of them are exonerated from the liability, and
against six ie petitioner and others held that they
misappropriated the funds, and ordered for recovery of the said
amount. The petitioner, aggrieved by the order passed by the
authority, has approached the Tribunal.


11. Meanwhile, the State Government has filed a suit in
O.S.No.88/2007 for recovery of money against whom an order
of punishment for recovery of amount was passed. The Trial
Court, vide judgment dated 23.10.2017, dismissed the suit
against the present petitioner, but decreed the suit against the
Malkanna i.e. defendant No.5 therein. When a specific query
was put to the learned Additional Government Advocate
whether the State has preferred any appeal against the
judgment passed in O.S.No.88/2007, the learned Additional
Government Advocate on instructions submits that Government
has not preferred any appeal against the petitioner. He submits
that the legal representatives of deceased-defendant No.5

- 7 -
HC-KAR
NC: 2026:KHC-K:10828-DB
WP No. 204184 of 2017


CNR: KAHC030063062017


therein have preferred an appeal, which is pending for
consideration.


12. Admittedly, the Civil Court has dismissed the suit
for recovery of money against the petitioner. The suit came to
be dismissed during the pendency of this writ petition. The
petitioner has produced the copy of the judgment passed in
O.S.No.88/2007. The dismissal of suit against the petitioner is
subsequent to the filing of the writ petition. This Court can take
a judicial note of subsequent event. Considering the judgment
passed in O.S.No.88/2007, the impugned order of recovery of
amount from the petitioner is arbitrary, as the judgment
passed in O.S.No.88/2007 dismissal of the suit against the
petitioner has attained finality.


13. In view of the above discussions, we inclined to
interfere with the impugned order.


14. Accordingly, we proceed to pass the following order

- 8 -
HC-KAR
NC: 2026:KHC-K:10828-DB
WP No. 204184 of 2017


CNR: KAHC030063062017


ORDER

allowed
(i) The Writ petition is .

(ii) The order dated 21.04.2017 passed in
Application No.3678/2011 is set aside and
consequently Application No.3678/2011 is
allowed as prayed for.


Sd/-
(ASHOK S. KINAGI)
JUDGE


Sd/-
(SUBRAMANYA RANGARAO)
JUDGE



SDU
List No.: 1 Sl No.: 16