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. 106921 OF 2023 (S-KAT)

BETWEEN:

1. THE KARNATAKA LOKAYUKTA, M.S. BUILDING, BENGALURU-560001.

R/BY ITS REGISTRAR.

2. THE ADDITIONAL REGISTRAR ENQUIRES-8, KARNATAKA LOKAYUKTA, M.S. BUILDING, BENGALURU-560001.

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

AND:

1. SRI. A.H. MAJJAGI S/O HANUMAPPA AGE. 56 YEARS, OCC. GRAMA PANCHAYATH SECRETARY GR-I, BAGAVATHI GRAMA PANCHAYATH, TQ/DIST. BAGALKOT, R/O. NANDISHWARA NAGAR, BAGALKOT-587101.

R S H A A K R E IH S A H R DsRH LHCKDB i o E A A O i H g A I g cG N R nK U R A i aH teE N C I R t R ad H i S l A H o W T AHby n T O A y R : A S D FKA 2. R TH /B E Y S I T T A S T P E R O IN F C K I A P R A N L A S T E A C K R A E , T ARY, RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, BAGALKOT DISTRICT-587101.

4. THE EXECUTIVE OFFICER, TALUK PANCHAYATH, BAGALKOT-587101.

…RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT 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 22-08-2019 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.2045/2017 IN SO FAR AS THE RESPONDENT NO.1 IS CONCERNED PRODUCED AS ANNEXURE-A; AND PERMIT THE PETITIONER FOR CONTINUATION OF THE DEPARTMENTAL ENQUIRY AGAINST THE RESPONDENT NO.1 IN THE 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 by the Lokayukta represented by its Registrar/Addl. Registrar under Article 226 of the Constitution of India questioning the order dated 22.08.2019 in Application No.2045/2017 passed by the Karnataka State Administrative Tribunal at Belagavi, For short ‘Tribunal’, by which the 1^st respondent’s application questioning the order of entrustment of enquiry dated 6.9.2016 and articles of charge dated 13.03.2013 is allowed by quashing those orders.

2. Heard learned counsel Sri. Srinivas B Naik for the petitioners and learned Govt. Advocate Sri.G.K. Hiregoudar for respondent No.2 and perused the writ petition papers.

3. Respondent No.1, who was working as Gram Panchayat Secretary Grade-I, approached the Tribunal questioning the order dated 6.9.2016 entrusting the enquiry to the petitioners under Rule 14A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, For short ‘CCA Rules’ and also articles of charge dated 13.03.2013. Accepting the contention of respondent No.1 that respondent No.2/government has not applied its mind while passing order dated 6.9.2016 entrusting the enquiry to the petitioners and also on the ground that respondent No.1 was not working at the relevant point of time in the place where alleged incident took place, allowed the application. Questioning the said order of the Tribunal, the petitioner/Lokayukta is before this Court.

4. Learned counsel Sri. Srinivas B Naik would submit that since the charges against respondent No.1 is very serious in nature, the Tribunal erred in quashing the order of entrustment as well as of articles of charge. Learned counsel would submit that the Tribunal while quashing the order of entrustment of enquiry as well as articles of charge on the ground that there is no application of mind by the respondent No.2/State, ought to have remitted the matter back to respondent No.2 directing to examine the material afresh and to pass appropriate orders. Thus, he would pray for allowing the writ petition.

5. Learned Government Advocate would support the contention raised by the petitioners and prays for allowing the writ petition.

6. Having hea