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2024 Supreme(Online)(KAR) 39219
WA No. 1002 of 2023 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR W.A.NO.995/2023 (S-RES)
C/W W.A.NO. 923/2023, W.A.NO.1002/2023, W.A.NO.1190/2023 AND W.A.NO.1191/2023 (S-RES)
IN WA No. 995/2023 BETWEEN:
1. KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED., GRAMEENABHIVRUDHI BHAVANA, 4TH AND 5TH FLOOR, ANAND RAO CIRCLE, BENGALURU-560009.
REP. BY ITS MANAGING DIRECTOR.
Digitally signed
2. THE ENQUIRING COMMISSION, by MARIGANGAIAH KARNATAKA RURAL INFRASTRUCTURE PREMAKU MARI DEVELOPMENT LTD., Location: HIGH GRAMEENABHIVRUDHI BHAVANA, COURT OF 4TH AND 5TH FLOOR, KARNATAKA ANAND RAO CIRCLE, BENGALURU-560009.
REP. BY ITS CHIEF ACCOUNTANT OFFICER.
…APPELLANTS (BY SRI. S.P. KULKARNI, SENIOR COUNSEL FOR SRI. NATARAJU. T, ADV.)
AND:
1. SRI. ABDUL RASHEED, S/O. LATE. MOHAMMED DASTAGIR SAB, WA No. 1002 of 2023 AND 2 OTHERS AGED ABOUT 67 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LTD., R/AT NO.47, ’RAMANASHREE ENCLAVE”, NEAR SHANTINIKETAN COLLEGE, BELLIKAHALLI, BENGALURU SOUTH, BENGALURU-560076.
2. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATHRAJ DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.
…RESPONDENTS (BY SRI. Y.R.SADASIVA REDDY, SENIOR COUNSEL FOR SRI.RAHUL.P, ADV. FOR R-1, SMT. B. SUKANYA BALIGA, AGA FOR R-2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.07.2023 PASSED BY THIS COURT IN W.P.No.4987/2022 (S-RES) IN THE INTEREST OF JUSTICE AND EQUITY.
IN WA NO.923/2023 BETWEEN:
KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LTD., REP. BY ITS MANAGING DIRECTOR, GRAMEENABHIVRUDHI BHAVANA, ANAND RAO CIRCLE, BENGALURU - 560009.
...APPELLANT (BY SRI. S.P.KULKARNI SENIOR COUNSEL FOR SRI. NATARAJU T., ADV.)
AND:
SRI. K. APPAJI, S/O. LATE. KENCHAIAH, AGED ABOUT 68 YEARS, WA No. 1002 of 2023 AND 2 OTHERS R/AT NO.20, ‘E’ AND ‘F’ BLOCK, 15TH CROSS, RAMAKRISHNA NAGAR, HEALTH LAYOUT, MYSURU - 570022.
...RESPONDENT (BY SRI. Y.R.SADASIVA REDDY, SENIOR COUNSEL FOR SRI. RAHUL P, ADV. FOR SRI. GUNASHEKAR M., ADV.)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 27/06/2023 PASSED BY THIS COURT IN W.P.NO.3356/2023.
IN WA NO.1002/2023 BETWEEN:
1. KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LTD., GRAMEENABHIVRUDHI BHAVANA, 4TH AND 5TH FLOOR, ANAND RAO CIRCLE, BENGALURU-560009, REP. BY ITS MANAGING DIRECTOR. 2. THE ENQUIRING COMMISSION, KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LTD., GRAMEENABHIVRUDHI BHAVANA, 4TH AND 5TH FLOOR, ANAND RAO CIRCLE, BENGALURU- 560009.
REP. BY ITS CHIEF ACCOUNTANT OFFICER.
...APPELLANTS (BY SRI. S.P.KULKARNI, SENIOR COUNSEL FOR SRI. NATARAJU T., ADV.)
AND:
1. SRI. KRISHNA RAJ, S/O. D. RAMACHANDRAPPA, AGED ABOUT 67 YEARS, C/O. GOVINDARAJ, # 492, 1ST FLOOR, 17TH CROSS, 1ST BLOCK, BEGUR ROAD, WA No. 1002 of 2023 AND 2 OTHERS VISHNUPRIYA LAYOUT, BENGALURU.
2. STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATHRAJ DEPARTMENT, VIKASA SOUDHA, BENGALURU 560001.
...RESPONDENTS (BY SRI. Y.R.SADASIVA REDDY, SENIOR COUNSEL FOR SRI. RAHUL P., ADV. FOR R-1 SMT. B. SUKANYA BALIGA, AGA FOR R-2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.07.2023 PASSED BY THIS COURT IN W.P.No.
25337/2022 (S-RES).
IN WA NO. 1190/2023 BETWEEN:
1. KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LTD., GRAMEENABHIVRUDHI BHAVANA, 4TH AND 5TH FLOOR, ANAND RAO CIRCLE, BENGALURU - 560 009, REP. BY ITS MANAGING DIRECTOR. 2. THE ENQUIRING COMMISSION, KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LTD., GRAMEENABHIVRUDHI BHAVANA, 4TH AND 5TH FLOOR, ANAND RAO CIRCLE, BENGALURU - 560 009, REP. BY ITS CHIEF ACCOUNTANT OFFICER.
...APPELLANTS (BY SRI. S.P. KULKARNI, SENIOR COUNSEL FOR SRI. NATARAJU T., ADV.)
WA No. 1002 of 2023 AND 2 OTHERS AND:
1. SRI. B.P. LINGARAJU, S/O. LATE. PAPAIAH, AGED ABOUT 62 YEARS, RETIRED EXECUTIVE ENGINEER, KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED, R/AT HOUSE NO.1993/6, 17TH MAIN, KUVEMPUNAGAR, MCC ‘B’ BLOCK, DAVANAGERE - 577 004.
2. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATHRAJ DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560001.
...RESPONDENTS (BY SRI. Y.R.SADASIVA REDDY, SENIOR COUNSEL FOR SRI. RAHUL P., ADV. FOR R-1, SMT. B. SUKANYA BALIGA, AGA FOR R-2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21/08/2023 PASSED BY THIS COURT IN W.P.NO.16402/2023.
IN WA NO. 1191/2023 BETWEEN:
1. KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LTD., GRAMEENABHIVRUDDHI BHAVANA, 4TH AND 5TH FLOOR, ANAND RAO CIRCLE, BANGALORE-560009, REP. BY ITS MANAGING DIRECTOR. 2. THE ENQUIRING COMMISSION, KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LTD., GRAMEENABHIVRUDDHI BHAVANA, WA No. 1002 of 2023 AND 2 OTHERS
4TH AND 5TH FLOOR, ANANDRAO CIRCLE, BENGALURU-560009, REP. BY ITS CHIEF ACCOUNTANT OFFICER.
...APPELLANTS (BY SRI. S.P. KULKARNI, SENIOR COUNSEL FOR SRI. NATARAJU T., ADV.)
AND:
1. SRI. K. APPAJI, S/O. LATE. KENCHAIAH, AGED ABOUT 68 YEARS, R/AT NO.20, ‘E’ AND ‘F’ BLOCK, 15TH CROSS, RAMAKRISHNA NAGAR, HEALTH LAYOUT, MYSURU-570022.
2. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATHRAJ DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.
...RESPONDENTS (BY SRI. Y.R.SADASIVA REDDY, SENIOR COUNSEL FOR SRI. RAHUL P., ADV. FOR R-1, SMT. B. SUKANYA BALIGA, AGA FOR R-2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.08.2023 PASSED BY THIS COURT IN W.P.No.
16961/2023 (S-RES), IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WA No. 1002 of 2023 AND 2 OTHERS
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
Since all the writ appeals arise out of similar facts and common questions would arise for consideration, all the writ appeals are taken for disposal together.
2. In W.A.No.995/2023, appellants are before this Court questioning the order dated 21.07.2023 passed in W.P.No.4987/2022 by which, learned Single Judge quashed the charge memo issued by the appellants to respondent No.1 on the ground that the same is contrary to Rule 214(2)(b)(ii) of the Karnataka Civil Services Rules (for short, ‘KCSRs’).
3. In W.A.No.923/2023, appellant is before this Court questioning the order dated 27.06.2023 passed in W.P.No.3356/2023 by which, learned Single Judge quashed the charge memo issued by the appellants to respondent No.1 on the ground that the same is contrary to Rule 214(2)(b)(ii) of the KCSRs.
WA No. 1002 of 2023 AND 2 OTHERS
4. In W.A.No.1002/2023, appellants are before this Court questioning the order dated 21.07.2023 passed in W.P.No.25337/2022 by which, learned Single Judge quashed the charge memo issued by the appellants to respondent No.1 on the ground that the same is contrary to Rule 214(2)(b)(ii) of the KCSRs.
5. In W.A.No.1190/2023, appellants are before this Court questioning the order dated 21.08.2023 passed in W.P.No.16402/2023 by which, learned Single Judge quashed the charge memo issued by the appellants to respondent No.1 on the ground that the same is contrary to Rule 214(2)(b)(ii) of the KCSRs.
6. In W.A.No.1191/2023, appellants are before this Court questioning the order dated 21.08.2023 passed in W.P.No.16961/2023 by which, learned Single Judge quashed the charge memo issued by the appellants to respondent No.1 on the ground that the same is contrary to Rule 214(2)(b)(ii) of the KCSRs.
WA No. 1002 of 2023 AND 2 OTHERS
7. Heard the learned senior counsel Sri.S.P.Kulkarni for Sri.T.Nataraju, learned counsel for appellants – Karnataka Rural Infrastructure Development Limited, learned senior counsel Sri.Y.R.Sadasiva Reddy for Sri.Rahul.P., learned counsel for Caveator/respondent No.1 and learned Additional Government Advocate Smt.B.Sukanya Baliga for respondent No.2 in all the appeals.
8. Learned senior counsel Sri.S.P.Kulkarni appearing for the appellants would submit that learned Single Judge committed an error in quashing the charge memo dated 10.11.2021 issued to respondent No.1 in all the writ appeals, since the learned Single Judge failed to appreciate the earlier order of this Court dated 19.08.2021 in W.P.No.38723/2018 and Connected Writ Petitions. Learned senior counsel invites attention of this Court to the directions issued in those writ petitions and submits that this Court had granted liberty to the appellants to WA No. 1002 of 2023 AND 2 OTHERS proceed against respondents and accordingly in terms of the order passed by this Court, appellants had issued charge memo dated 10.11.2021 to respondents in all the writ appeals. Further, learned senior counsel would submit that the charge against the respondents is very serious and the charge leveled against the respondents is in continuation of earlier charge memo issued on 07.02.2017. Learned senior counsel would further submit that though respondents had retired on 30.06.2016, 31.09.2015, 31.08.2016, 31.12.2020 and 30.09.2015, the charge sheet issued on 22.10.2016, 07.02.2017 and 10.11.2021 are within the period of limitation as prescribed under Rule 214 of KCSRs. Hence, he prays for allowing the writ appeals and permit them to continue the enquiry against respondents and to take charge memo dated 10.11.2021 to its logical conclusion.
9. Per contra, learned senior counsel Sri.Y.R.Sadasiva Reddy would support the order passed by the learned Single Judge and further submits that charge WA No. 1002 of 2023 AND 2 OTHERS memo issued on 10.11.2021 is contrary to Rule 214(2)(b)(ii) of KCSRs. The respondents retired from service during the year 2015, 2016 and 2020 and the charge memo dated 10.11.2021 is issued in respect of an in
