K.BHAKTHAVATSALA, B.S.INDRAKALA
A. K. Chowdekar – Appellant
Versus
State of Karnataka – Respondent
Dr. K. Bhakthavatsala, J.
1. Petitioner is before this Court under Articles 226 and 227 of the Constitution of India, praying for quashing the Order dated 26.07.2012 passed in Application No. 7389/2011 on the file of Karnataka Administrative Tribunal at Bangalore, at Annexure 'A' and Annexure 'A2' on the file of respondent.
2. Brief facts of the case leading to the filing of the writ petition may be stated as under:
By Annexure-'A2', the Chief Engineer, Irrigation Department was directed to lodge a complaint against the present petitioner and others on account of misappropriation of funds. The present petitioner challenged the Government Order dated 19.04.2011 at Annexure-'A2' under Section 19 of Administrative Tribunals Act, 1985, before the Karnataka Administrative Tribunal at Bangalore (KAT). It was contended that Rule 214(3) of the Karnataka Civil Service Rules (in short 'KCSR') bars all judicial proceedings after lapse of four years prior to filing of a complaint. The Tribunal, by the impugned order at Annexure 'A', dismissed the application holding that Rule 214(3) of KCSR does not bar initiating criminal proceedings. This is impugned in this writ petition.
3. Learned counse
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