IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 29412 OF 2023 (S-KSAT)

BETWEEN:

KARNATAKA LOKAYUKTA MS BUILDING, DR. B. R. AMBEDKAR ROAD, BANGALORE 560001 REPRESENTED BY ITS REGISTRAR …PETITIONER (BY SRI. JOSEPH ANTHONY.,ADVOCATE)

AND:

Digitally si gned by 1. STATE OF KARNATAKA, REKHA R REPRESENTED BY THE SECRETARY TO Location: GOVERNMENT, High DEPARTMENT OF WATER RESOURCES, Court of (MINOR IRRIGATION), Karnataka M.S. BUILDING, BENGALURU-560 001.

2. STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BANGALORE -560 001.

3. MUKUNDAPPANAVAR N.S.

S/O LATE SHIVAJI, AGED ABOUT 61 YEARS, RETIRED SENIOR GEOLOGIST, DISTRICT GROUND WATER AUTHORITY, DHARWAD, PERMANENTLY R/AT H NO. 90B /4, SIDDARAMESHWARA COLONY, RANI CHANNAMMA NAGAR, DHARWAD - 580 001.

…RESPONDENTS (BY SRI. SHIVA REDDY, AGA FOR R1 AND R2)

THIS WRIT PETITION IS FILED UNDER ARTICLE

226 OF THE CONSITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE IMPUGNED ORDER DATED JULY 09, 2018 IN APPLICATION BEARING No-2658/2017 (ANNEXURE-A) IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD AND HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER

(PER: HON'BLE MR. JUSTICE T M NADAF)

The Karnataka Lokayukta by its Registrar is in petition under Articles 226 and 227 of the Constitution of India, calling in question Order dated 09.07.2018 in Application No.2658/2017 passed by the Karnataka State Administrative Tribunal at Bengaluru, (‘Tribunal’ for short), partly allowing the application, setting aside the order impugned dated 03.02.2017 (Annexure-A6), remitting the matter to the Government to pass orders under Section 12(4) of the Karnataka Lokayukta Act, 1984 (‘the Act of 1984’ for short), afresh after considering report under Section 12(3) with other directions.

2. The parties are referred to as per their rankings before the Tribunal.

3. A brief outline of facts leading to filing of the present petition are as under:-

4. On some allegations of misconduct précisely the inaction of the applicant in taking appropriate steps to stop the illegal quarrying despite repeated request, the petitioner had conducted an investigation which culuminated in a report under Section 12(3) of the Act of 1984, forwarded to the Government with recommendation for entrustment of enquiry. The Government under Section 12(4) of Act of 1984, passed order dated 03.02.2017 (Annexure- A6) entrusting departmental enquiry to the petitioner. In pursuance of order of entrustment, Enquiry Officer issued Articles of Charge (Annexure-A7). Aggrieved by the order of entrustment as well as Articles of Charge, the applicant was before the Tribunal in Application No.2658/2017.

5. The main contention of the applicant urged before the Tribunal was the applicant belongs to Department of Mines and Geology, as such the Appointing Authority in his case, is the Principal Secretary to the Government, Department of Commerce and Industries, whereas the order of entrustment was issued by respondent No.1 i.e., Secretary to Government, Department of Water Resources (Minor Irrigation), as such it is without authority of law.

6. With this main objection, he had further asserted that he retired from service on attaining the age of superannuation on 31.08.2016. The Articles of Charge came to be issued on 01.03.2017 with respect to the incident alleged to the year 2012-2013, which is beyond four years, prior to issuance of Articles of Charge.

7. In the circumstances, the order of entrustment as well as Articles of Charge issued are hit by legal implications provided under Rule 214(2)(b)(ii) of the Karnataka Civil Services Rules, 1958 (‘KCSRs’ for short