1.

The petitioner has filed the instant writ petition with a

prayer to quash the order dated 30.06.2022 passed by the

respondents herein at Annexure-D.

2.

Brief facts of the case that would be relevant for the

purpose of disposal of this petition are, the petitioner was

nominated as the Vice-chancellor of the University of Agriculture

Science, Raichur, and he is due to retire on attaining the age of

superannuation in the month of October 2022. On the complaint

of misappropriation against the petitioner, respondent no.1 had

appointed a committee headed by the Regional Commissioner,

Kalaburagi, to hold an inquiry against the petitioner and the

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order appointing the said committee dated 21.02.2022 was

questioned

by

the

petitioner

before

this

Court

in

W.P.No.200640/2022 and this Court vide its order dated

03.03.2022 had stayed the said order dated 21.02.2022 passed

by respondent no.1. During the pendency of the said writ

petition, the respondents have taken steps for appointing a

Retired Judge of the High Court as a one man committee for

holding an inquiry against the petitioner and accordingly, had

issued an order dated 30.06.2022. Being aggrieved by the

same, the petitioner is before this Court.

3.

Learned Senior Counsel appearing on behalf of the

petitioner submits that the respondents having suffered an

interim order in W.P.No.200640/2022, in order to circumvent

the same, have passed a fresh order appointing the Retired

Judge of the High Court as the one man committee to inquire

into the very same allegations. He submits that efforts are made

by the respondents to malign the petitioner at the instance of

certain political agents who have got ill-will against the

petitioner. He submits that the petitioner is due to retire in the

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month of October 2022, and therefore, all attempts are made to

malign the petitioner. He submits that a reading of the

impugned order at Annexure-D would go to show that the said

order is passed at the instance of the Government. He has

placed reliance on Section 27(9) of the Karnataka University of

Agricultural Sciences Act, 2009 (for short, 'the Act') and submits

that the Government has no role to play in the inquiry as

against the Vice-Chancellor and it is only the Chancellor who is

empowered to appoint a Retired Judge of the High Court for the

purpose of inquiry, and thereafter, take necessary steps on the

basis of the inquiry report.

4.

Learned Government Advocate who has appeared on

behalf of the respondents submits that the earlier order dated

21.02.2022 appointing a committee headed by the Regional

Commissioner to hold an inquiry against the petitioner has been

already withdrawn and based on such withdrawal, the writ

petition filed by the petitioner in W.P.No.200640/2022 has been

already dismissed by this Court as having been rendered

infructuous. He submits that by Act No.37 of 2014, the Act has

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been amended and the amended Section 29(10) of the Act

provides for the State Government to appoint a Retired Judge of

the High Court as an Inquiring Authority. He also submits that

the Inquiry Authority is required to submit the report to the

State Government and the State Government on consideration

of such report, shall advise the Chancellor, who shall accordingly

act in accordance with law based on such advise. He, therefore,

submits that there is no merit in this writ petition.

5.

The

order

dated

21.02.2022

was

passed

by

the

respondents appointing the committee headed by the Regional

Commissioner, Kalaburagi, to hold an inquiry against the

petitioner. On the face of the record, the said order was illegal

and the same was not in compliance of the requirement of

Section 27 of the Act. This Court in W.P.No.200640/2022 had

stayed the said order, and thereafter, the State Government has

taken steps to appoint a Retired Judge of the High Court as a

one man committee for holding an inquiry against the petitioner.

In the meanwhile, the respondents have withdrawn the order

dated 21.02.2022 and c