IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

WRIT PETITION NO. 106820 OF 2023 (S-KAT)

BETWEEN:

1. THE KARNATAKA UPALOKAYUKTA M.S. BUILDING, BENGALURU-560001. R/BY ITS REGISTRAR UPALOKAYUKTA.

2. THE ADDITIONAL REGISTRAR, ENQUIRIES-1, KARNATAKA LOKAYUKTA, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001.

…PETITIONERS (BY SRI. SRINIVAS B. NAIK, ADVOCATE)

AND:

1. SRI. S.B. BIRADAR S/O BASANA GOUDA AGE. 69 YEARS, OCC. RETIRED WATERSHED DEVELOPMENT OFFICER, RESIDING AT NO.262, 2^ND MAIN, 5^TH CROSS, BHARATHNAGAR, DHARWAD-576163.

MOHANKUMAR B SHELAR 2. THE STATE OF KARNATAKA, DMSH iOg E iHt L aAA lNR y KsUigMneAdR b By R/BY ITS PRINCIPAL SECRETARY, LOD o HFc A aKR tAio WRnNA : DAHT I B GAEKH NA C C O H URT DEPARTMENT OF AGRICULTURE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001.

…RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVT. ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 17-07-2020 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI IN APPLICATION NO.2362/2017 (PRODUCED AS ANNEXURE-A); AND PERMIT THE PETITIONERS FOR CONTINUATION OF DEPARTMENTAL ENQUIRY AGAINST THE RESPONDENT NO.1 IN ENDS OF JUSTICE AND EQUITY & ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL ORDER

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

This writ petition under Article 226 of the Constitution of India is filed by the Karnataka Lokayukta represented by Registrar/Addl. Registrar against the order dated 17.07.2020 in Application No.2362/2017 passed by the Karnataka State Administrative Tribunal, Belagavi (for short, ‘Tribunal’) whereby 1^st respondent’s application questioning the order of entrustment of enquiry dated 08.07.2016 passed under Rule 14A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, For short ‘CCA Rules’; Enquiry order dated 26.07.2016 passed by 2^nd respondent/Upa-Lokayukta; Articles of charge dated 8.8.2016 and order dated 31.12.2016 passed by 3^rd respondent rejecting the preliminary objections raised by the

1^st respondent is allowed by quashing those orders.

2. Heard learned counsel Srinivas B. Naik for petitioners as well as learned Government Advocate Sri.G.K.Hiregoudar for respondent/State and perused the writ petition papers.

3. On hearing the learned counsels for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that no ground is made out to interfere with the impugned order passed by the Tribunal.

4. Respondent No.1 was working as District Watershed Development Officer and he retired from service on attaining the age of superannuation on 31.07.2013 and whereas articles of charges were issued on 08.08.2016 in respect of an event which had taken place in March, 2011.

5. Rule 214 (2)(b) of KCSRs reads as follows:

“The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment.

i) Shall not be instituted save with the sanction of the Government;

ii) Shall not be in respect of any event which took place more than four years before such institution; and iii) Shall be conducted by such authority and in such place as the Government may direct and in accordance with the. Procedure applicable to departmental proceedings in which an order of dismissal from service could be the made in relation to the Government servant during his service.”

6. In terms of above Rule, departmental proceedings, if not instituted while the Government servant was in service, shall not be initiated in respect of any event which took place more than four years before such institution.

7. Further Rule 214(6)(a) make