IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3392 OF 2021 (S-RES)

BETWEEN:

SRI S K KOLHAR S/O LATE SRI. K.H. KOLHAR AGED ABOUT 63 YEARS SUPERINTENDING ENGINEER (RETD) FLAT #S3, SWAGRAHA APARTMENTS

2^ND 7^TH CROSS, SARVABHOWMA NAGAR CHIKKALSANDRA, BENGALURU-560061 …PETITIONER (BY SRI. SHREEDHAR G BIDRE, ADVOCATE FOR SRI. RAGHAVENDRA G GAYATRI., ADVOCATE)

AND:

1. THE MANAGING DIRECTOR KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED

4^TH FLOOR, GRAMEENABHIVRUDHI BHAVAN ANANDA RAO CIRCLE, BENGALURU-560009.

Digitally signed by DHANALAKSHMI

2. THE CHIEF ADMINISTRATIVE OFFICER MURTHY Location: HI GH KARNATAKA RURAL INFRASTRUCTURE COURTOF DEVELOPMENT LIMITED, 4^TH FLOOR KARNATAKA GRAMEENABHIVRUDDHI BHAVAN ANANDA RAO CIRCLE, BENGALURU-560009.

…RESPONDENTS (BY SRI. GURURAJ JOSHI., ADVOCATE FOR R1 & R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ARTICLES OF CHARGES DATED:

22.12.2018, NO: PÉDgïLrJ¯ï/DqÀ½vÀ/¹Dgï-²ªÀªÉÆUÀÎ/2018-19(E«)/847 VIDE ANNEXURE-A ISSUED BY THE 1^ST RESPONDENT AND ENDORESEMENT DATED: 28.02.2019 BEARING £ÀA.PÉDgïLrJ¯ï/EJ¸ïn/¹Dgï-803/2018-19/978 (VIDE ANNEXURE-B)

ISSUED BY R-2 AS ILLEGAL AND ARBITRARY AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

1. The petitioner has called in question the initiation of the department inquiry and Articles of Charge dated 22.12.2018 issued by respondent No.1 at Annexure-A and endorsement dated 28.02.2019 issued by respondent No.2 at Annexure-B.

2. Petitioner was appointed as a Task Force Commander in the KRIDL (earlier called as Karnataka Land Army Corporation Ltd.) and he retired as Superintending Engineer on 30.07.2016. After his retirement, a departmental enquiry was initiated and Articles of Charges were issued vide Annexure-A. Being aggrieved by the Articles of Charge issued by respondent No.1 at Annexure-A dated 22.12.2018 and endorsement dated 28.02.2019 issued by respondent No.2, the petitioner is before this Court.

3. The learned counsel appearing for the petitioner has submitted that the respondent-Corporation has framed Karnataka Land Army Corporation (Cadre and Recruitment) Rules, 1996 (for short ‘C & R Rules’). Under the said Rules, there is no provision for initiation of departmental enquiry against a retired employee. Therefore, the issuance of Articles of Charge is without authority of law. In support of his contention, he has also relied on judgment of Apex Court in the case of Bhagirathi Jena v. Board of Directors, O.S.F.C. and others reported in (1999) 3 SCC 666. Hence, he sought for allowing the writ petition.

4. Per contra, the learned counsel appearing for the respondent-Corporation has submitted that the Corporation has amended the C & R Rules on 25.06.2021, incorporating the provision for initiating the departmental enquiry against the retired employee. Hence, he sought for dismissal of the writ petition.

5. Heard the learned counsel for the parties. Perused the writ papers.

6. It is not in dispute that petitioner retired as Superintending Engineer from respondent-Corporation on 30.07.2016. By exercising the power under Rule 91 and 92 of the Rules 1996, the Corporation has initiated the departmental inquiry against the petitioner and issued Articles of Charges dated 22.12.2018 vide Annexure-A.

7. Admittedly, the Articles of Charges has been issued after petitioner retired from the service. It is very clear from the Rules 1996, there is no provision for initiation of the departmental enquiry against a retired employee. Rule

91 and 92 of the Rules is extracted below:

CHAPTER-VIII CONDUCT RULES Rule 91 GENERAL:

(a) Every employee of the Corporation shall at all times:

i) maintain absolute integrity.

ii) maintain devotion to duty; a