Writ Petition No. 16481 of 2021 (S-KSAT), High Court of Karnataka, Bengaluru — Division Bench of S.G. Pandit and K.V. Aravind, JJ. (oral order per S.G. Pandit, J.), dated 15.04.2026. State authorities (Principal Secretary, Department of Co-operation; Registrar of Co-operative Societies; Assistant Registrar of Co-operative Societies; Senior Accounts Officer, A&E) challenged the Karnataka State Administrative Tribunal's order dated 13.01.2021 in Application No.1863/2020, whereby the Tribunal condoned delay, partly allowed the widow's application, set aside the order/endorsement dated 26.06.2014 withholding the pensionary benefits of her late husband C.G. Rajendra (a Co-operative Development Officer found guilty in surcharge proceedings involving dues of Rs.62,90,635/-) and directed release of his pensionary benefits with consequential benefits. Held (per S.G. Pandit, J.): where a government servant's liability is not determined in a legally instituted departmental proceeding — and none was ever initiated against the deceased despite the surcharge finding — the authorities have no authority to withhold pension or pensionary benefits; such withholding is without jurisdiction. Recovery of the surcharge dues ought to have been pursued under the Karnataka Co-operative Societies Act, 1959. The Tribunal's order contained no infirmity; its view that the withholding was bona fide was rejected. Writ petition rejected (dismissed); respondent held entitled to the entire pensionary benefits with interest at 5% p.a. in terms of the existing government order, compliance within two months. Provisions engaged: Articles 226 and 227, Constitution of India; Rules 214 and 214(A), Karnataka Civil Service Rules; Karnataka Co-operative Societies Act, 1959.
