SRI. SHANMUGAM v. STATE OF KARNATAKA

SRI. PARAMESHWARA NAIK AGED 53 YEARS, S/O RAMANNA NAIK, JUNIOR ENGINEER, PROJECT SUB-DIVISION (PMGSY), PUTTUR-574 202. D.K. (BY SRI. PRAVEEN KUMAR.K.N., ADVOCATE) …PETITIONER AND:

STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY TO GOVERNMENT, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, AMBEDKAR VEEDHI, BANGALORE-560 001.

KARNATAKA LOKAYUKTHA, REPRESENTED BY ITS REGISTRAR, M.S.BUILDING, - 2 - NC: 2025:KHC:50359-DB WP No. 35188 of 2024 C/W WP No. 35261 of 2024 HC-KAR DR. AMBEDKAR VEEDHI, BANGALORE-560 001. (BY SRI. MOHAMMAD JAFFA SHAH., AGA FOR R1; SRI. VENKATESH.S.ARBATTI., ADVOCATE FOR R2) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS AN ORDER IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED GOVERNMENT ORDER NO.SA.NEE.I.22.SE.I.VI.2018 BANGALORE DATED 19/11/2024 PASSED BY THE RESPONDENT NO.1 AGAINST THE PETITIONER AND ALSO THE IMPUGNED RECOMMENDATION ISSUED BY THE RESPONDENT NO.1 HAVING NO.UPLOK-2/DE/105/2019/ARE-10 DATED 22/02/2023 THE TRUE COPIES OF SAME ARE PRODUCED AT ANNEXURES-A AND B RESPECTIVELY AND ETC. IN WP NO. 35261/2024 BETWEEN: SRI. SHANMUGAM AGED 62 YEARS, S/O LATE SRI. AYYA SWAMY, ASSISTANT EXECUTIVE ENGINEER (RETIRED), PWD BANTWAL SUB-DIVISION, AND RESIDING AT HARSHITH NIVAS, KIRODIAN LANE, KAPIKAD 6TH CROSS, 1ST LANE BIJAI, MANGALORE-575 004. (BY SRI. PRAVEEN KUMAR.K.N., ADVOCATE) ...PETITIONER AND:

1. STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY TO GOVERNMENT, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, AMBEDKAR VEEDHI, BANGALORE-560 001. - 3 - NC: 2025:KHC:50359-DB WP No. 35188 of 2024 C/W WP No. 35261 of 2024 HC-KAR

2. KARNATAKA LOKAYUKTHA REPRESENTED BY ITS REGISTRAR, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. (BY SRI. MOHAMMAD JAFFAR SHAH., AGA FOR R1; SRI. VENKATESH.S.ARBATTI., ADVOCATE FOR R2) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS AN ORDER IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED GOVERNMENT ORDER No.Sa Nee I 22 Se I Vi 2018 BANGALORE DATED 19.11.2024 PASSED BY THE RESPONDENT No-1 AGAINST THE PETITIONER AND ALSO THE IMPUGNED RECOMMENDATION ISSUED BY THE RESPONDENT No-1 HAVING No UPLOK- 2/DE/105/2019/ARE-10 DATED 22.2.2023 THE TRUE COPIES OF SAME ARE PRODUCED AS ANNEXURE-A AND B RESPECTIVELY AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)

1. This writ petition has been filed to impugn the order dated 10.11.2024 passed by the Lokayukta, - 4 - NC: 2025:KHC:50359-DB WP No. 35188 of 2024 C/W WP No. 35261 of 2024 HC-KAR recommending disciplinary punishment against petitioners.

2. The petitioners, who were working as Assistant Engineer and Junior Engineer, respectively, in the Minor Irrigation Department, Bangalore Sub-Division, were implicated in a complaint along with an Executive Engineer. The Lokayukta conducted an investigation and submitted a report under Section 12(3) of the Karnataka Lokayukta Act, 1984, dated 27.03.2018. The report found them culpable for deficiencies in the construction of a sub- extended dam, which was washed away within two years, and recommended the institution of a departmental inquiry.

Pursuant to this, the Government entrusted the inquiry to the Lokayukta. Charges were framed against all three engineers, and a departmental inquiry was conducted. In the inquiry, the charges were proved against all three delinquent government officers (DGOs). Consequently, the Lokayukta recommended a punishment - 5 - NC: 2025:KHC:50359-DB WP No. 35188 of 2024 C/W WP No. 35261 of 2024 HC-KAR of a 20% deduction from their pension for a period of five years. The Government approved recommendation.

It is not in dispute that the construction of the dam in question was under the supervision of the petitioners and the Executive Engineer. The charges against them have been duly established. Upon perusal of the record, we find no infraction of the principles of natural justice in the conduct of the departmental inquiry. The inquiry was conducted strictly in accordance with the prescribed procedure, and the petitioners participated fully throughout the process.

Regarding proportionality punishment, we are of the view that the penalty of a 20% pension is not shockingly disproportionate the established misconduct of negligence in the supervision of a public works project, which led to its failure. Therefore, we find no ground to - 6 - NC: 2025:KHC:50359-DB WP No. 35188 of 2024 C/W WP No. 35261 of 2024 HC-KAR interfere with the impugned recommendation and the consequent punishment order.

The learned counsel has also mentioned a separate punishment for the Junior Engineer involving "stoppage of pre-incumbents with Annual increase. " As this aspect is not elaborated upon in the pleadings or the impugned order placed before us, and the core challenge pertains to the pension cut, our dismissal is confined to the challenge against the common punishment of a 20% pension deduction for five years. DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA (D K SINGH) JUDGE VITASTA GANJU Location: HIGH COURT OF KARNTAKA (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 27