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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF JUNE, 2021

PRESENT

THE HON'BLE Mr. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE Mr. JUSTICE NATARAJ RANGASWAMY

WRIT PETITION No.29061 OF 2019 (S-KSAT)

BETWEEN:

THE KARNATAKA LOKAYUKTHA

REP.BY ITS REGISTRAR

M.S.BUILDING, K.R.CIRCLE

BENGALURU 3 560 001

... PETITIONER

(BY SRI ASHWIN S.HALADY, ADVOCATE)

AND:

1.

THE DEPARTMENT OF CO-OPERATION

REP.BY ITS PRINCIPAL SECRETARY

GOVERNMENT OF KARNATAKA

BENGALURU

2.

SRI K.R.BASAVARAJU

S/O.LATE RANGASHAMAIAH

AGED ABOUT 63 YEARS

RETIRED MARKETING OFFICER/

SECRETARY, A.P.M.C.

DEPARTMENT OF

AGRICULTURAL MARKETING

RESIDING AT 1247, 1^ST 8B9 MAIN

NANDINI DREAM APARTMENT

MALAIMAHADESHWARA BADAVANE

NAGARBHAVI 9^TH BLOCK, 2^ND STAGE

BENGALURU 3 560 076

&. RESPONDENTS

(BY SRI B.RAJENDRA PRASAD, AGA FOR R-1)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF

THE CONSTIUTION OF INDIA PRAYING TO SET ASIDE THE

ORDER

PASSED

BY

THE

HON9BLE

KARNATAKA

STATE

ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.7006/2018

DATED 29.10.2018 AND ETC.,

THIS PETITION COMING ON FOR ORDERS THIS DAY,

SATISH CHANDRA SHARMA J., MADE THE FOLLOWING:

O R D E R

The present petition has been filed by the Karnataka

Lokayukta being aggrieved by the order dated 29.10.2018

passed in Application No.7005/2018.

2. The facts of the case reveal that that respondent

No.2-employee was a Government servant. On account of

allegation in respect of some misconduct, a chargesheet

was issued on 24.08.2018 after his retirement. The

undisputed fact revels that an employee has attained the

age of superannuation on 31.12.2016 and chargehseet

was relating to an incident which took place on 19.03.2014

meaning thereby, the chargesheet was issued after expiry

of four years of period in respect of a retired Government

servant from the date of incident. The chargesheet was

challenged by the employee before the Karnataka State

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Administrative Tribunal (for short 8the tribunal9) and the

tribunal by passing an order dated 29.10.2018 has partly

allowed the interim application and quashed the order

passed by the State Government entrusting the enquiry to

the Lokayukta meaning thereby the chargesheet has also

been quashed. The important aspect of the case is that the

tribunal has not taken the aforesaid ground while passing

the impugned order but on the other ground, the

chargesheet has been quashed. Undisputedly, in the

present case, there is a violation of Rule 214(2)(b)(i) of

the Karnataka Civil Services Rules, 1957, which reads as

under:

<214. (2)

(b) xxxxxxxx

(i) shall not be instituted save with

the sanction of the Government;

The aforesaid provision of law is very clear and it

provides that in respect of a retired Government servant, a

charge sheet has to been issued within four years from the

date of incident. As the aforesaid Rule has been violated,

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the issuance of chargesheet itself is bad in law.

Resultantly, this Court does not find any reason to

interfere with the order passed by the tribunal. The

admission is declined.

No order as to costs.

Sd/-

JUDGE

Sd/-

JUDGE

LB