Dismissed¶¶57

Shri. K. Basappa v. the State of Karnataka

Karnataka HC20 Jul 2026WP/7925/2024

Case brief

AI extract

What is this about?

Karnataka HC Division Bench (S.G.Pandit & Dr. K.Manmadha Rao, JJ., 20.07.2026) rejects writ petition by retired ASI challenging KSAT order upholding G.O. dated 20.08.2014 withdrawing entire pension of a pensioner convicted in S.C.No.14/1988 (Sessions Judge, Shivamogga; Sections 143, 147, 148, 341, 326, 302 r/w 149 IPC; affirmed through High Court Crl.A.Nos.455/1995 & 456/1996 and the Apex Court); Rule 213 and Rule 213(3) KCSRs — withholding/withdrawal of pension on conviction for serious crime or grave misconduct; good conduct as condition precedent for payment of pension; show-cause notice procedure followed.

What did the court decide?

On going through the entire material on record, the Court was not inclined to interfere with the impugned order passed by the Tribunal or with the impugned order of penalty dated 20.08.2014 (Annexure-A3).

Shri. K. Basappa Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether this Court should interfere with the order dated 18.01.2024 in Application No.573/2023 of the Karnataka State Administrative Tribunal, Bengaluru, rejecting the petitioner's prayer to quash the Government Order dated 20.08.2014 imposing punishment of withdrawing his entire pension. +1 more

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Court's answer

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Ratio / Principle

The Court concurred with the reasoned order passed by the Tribunal, which had considered every ground or contention raised by the petitioner.

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Key takeaways

Rule 213 of KCSRs empowers the Competent Authority/Pension Sanctioning Authority to withhold or withdraw a pension or part thereof, whether permanently or for a specified period.ratio¶¶50
Under Rule 213 of KCSRs, the pension may be withheld or withdrawn if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.ratio¶¶50
Under Rule 213 of KCSRs, good conduct of the pensioner is one of the conditions precedent for payment of pension.

Detailed headnote1 paragraphs

Retired ASI K. Basappa (aged about 78 years) sought certiorari under Articles 226 and 227 of the Constitution against the Karnataka State Administrative Tribunal's order dated 18.01.2024 in Application No.573/2023, which rejected his prayer to quash Government Order dated 20.08.2014 (Annexure-A3) withdrawing his entire pension. The departmental action rested on his criminal conviction: Criminal Case No.08/1988 (Sections 143, 147, 148, 341, 326, 302 read with 149 of IPC) registered while he served at Doddapete Police Station, Shivamogga; conviction in S.C.No.14/1988 by order dated 28.07.1995 of the Sessions Judge, Shivamogga; appeals Crl.A.No.455/1995 and Crl.A.No.456/1996 dismissed by the High Court (judgment dated 13.05.2002 per para 2; recorded as affirmed on 13.06.2002 in para 4); and the further appeal before the Hon'ble Apex Court dismissed. After a notice dated 06.02.2014 and consideration of his reply, the State withdrew the pension. HOLDING (per S.G.PANDIT J. for the Division Bench): Rule 213 of the KCSRs empowers the Competent Authority/Pension Sanctioning Authority to withhold or withdraw a pension or part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct; good conduct of the pensioner is one of the conditions precedent for payment of pension; withdrawal after show-cause notice and consideration of the reply in terms of Rule 213(3) of KCSRs, founded on a conviction affirmed to the Apex Court, was rightly imposed. The Court concurred with the Tribunal's reasoned order, found no merit in the writ petition and rejected it. Coram: S.G.PANDIT and DR. K.MANMADHA RAO, JJ.; oral order dated 20.07.2026.

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NC: 2026:KHC:37141-DB WP No. 7925 of 2024

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HC-KAR

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CNR: KAHC010154132024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF JULY, 2026 PRESENT

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THE HON'BLE MR. JUSTICE S.G.PANDIT AND

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 7925 OF 2024 (S-KSAT)

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BETWEEN:

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SHRI. K. BASAPPA S/O. LATE VEERABHADRAPPA, AGED ABOUT 78 YEARS, RETIRED ASI, R/AT RAGHAVENDRA NILAYA, ’B’ BLOCK, I CROSS, NANDINI LAYOUT, HALKOLA, SHIVAMOGGA-577 204.

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…PETITIONER

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(BY SRI. MANJUNATHA RAO BHOUNSLE, ADV.)

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AND:

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Digitally signed by NANJUNDACHARI Location: High Court of Karnataka

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001.

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THE DIRECTOR GENERAL AND THE INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD, BENGALURU-560 001.

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THE SUPERINTENDENT OF POLICE SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201.

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…RESPONDENTS

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(BY SRI. V SHIVAREDDY, AGA)

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HC-KAR

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NC: 2026:KHC:37141-DB WP No. 7925 of 2024

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CNR: KAHC010154132024

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER IN A. NO.573 OF 2023 DATED 18.01.2024 VIDE ANNEXURE-C PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU AND FURTHER PLEASED TO ALLOW THE APPLICATION FILED BY THE PETITIONER AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

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The petitioner is before this Court under Article 226 of the Constitution of India questioning the order dated 18.01.2024 in Application No.573/2023 by the Karnataka State Administrative Tribunal, Bengaluru (for short “Tribunal”) whereunder, petitioner’s prayer to quash the Government Order dated 20.08.2014 (Annexure-A3) imposing punishment of withdrawing entire pension is rejected.

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HC-KAR

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NC: 2026:KHC:37141-DB WP No. 7925 of 2024

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CNR: KAHC010154132024

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The brief facts of the caser are:

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While the petitioner was working as ASI at

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Doddapete Police Station, Shivamogga, a Criminal case No.08/1988 was registered against the petitioner and others under Sections 143, 147, 148, 341, 326, 302 read with 149 of IPC. It is stated that in the said criminal case, the petitioner and others were convicted in S.C.No.14/1988 by order dated 28.07.1995 by the Sessions Judge, Shivamogga. The appeal filed against the said judgment in Crl.A.No.455/1995 and Crl.A.No.456/1996 before this Court were dismissed by judgment dated 13.05.2002. It is stated that the appeal filed before the Hon'ble Apex Court also was dismissed and the judgments of the Session Court as well as this Court

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were confirmed. Subsequently, taking note of the conviction of the petitioner, the petitioner was issued with notice on 06.02.2014 and on receipt of reply from the petitioner, considering the entire material on record, the respondent-State imposed punishment of withdrawing

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HC-KAR

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NC: 2026:KHC:37141-DB WP No. 7925 of 2024

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CNR: KAHC010154132024

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pension by Government Order dated 20.08.2014. Questioning the said Government Order, the petitioner was before the Tribunal in Application No.573/2023. The Tribunal, under the impugned order dated 18.01.2024 rejected the prayer of the petitioner to quash the impugned Government Order dated 20.08.2014 withdrawing his pension, placing reliance on Rule 213 of KCSRs.

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We have gone through the entire writ petition papers. On going through the entire material on record, we are not inclined to interfere with the impugned order passed by the Tribunal as well as the impugned order of penalty dated 20.08.2014 (Annexure-A3).

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It is an admitted fact that the petitioner was convicted by judgment dated 28.07.1995 in S.C. No.14/1988 by the District and Sessions Judge, Shivamogga. The said conviction was affirmed in Crl.A.No.455/1995 and Crl.A.No.456/1996 by this Court on

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HC-KAR

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NC: 2026:KHC:37141-DB WP No. 7925 of 2024

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CNR: KAHC010154132024

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13.06.2002. The appeal filed before the Hon'ble Apex Court also came to be dismissed by affirming the order passed by the Sessions Court as well as this Court.

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Rule 213 of KCSRs empowers the Competent Authority/Pension Sanctioning Authority to withhold or withdraw a pension or part thereof whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct. The Competent Authority i.e. Government, by taking note of the conviction of the petitioner, which is affirmed by Hon'ble Apex Court rightly withdrew the pension of the petitioner, after issuing show cause notice and on considering his reply in terms of Rule-213(3) of KCSRs. Under Rule 213 of KCSRs, one of the conditions precedent for payment of pension is good conduct of the pensioner. The Tribunal, under impugned order considered every ground or contentions raised by the petitioner and appropriately came to the conclusion that the petitioner has not made out any ground to interfere with the order of

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HC-KAR

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NC: 2026:KHC:37141-DB WP No. 7925 of 2024

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CNR: KAHC010154132024

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penalty. We concur with the reasoned order passed by the Tribunal.

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