(BY SRI. SRINIVAS B. NAIK, ADVOCATE) v. (BY SRI. SHARAD V. MAGADUM, AGA)

(BY SRI. SRINIVAS B. NAIK, ADVOCATE) …PETITIONER BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH AND:

VEERANNA G.H. S/O. LATE SHRI G.S. HONNURAPPA AGE. 66 YEARS, OCC. RETIRED JOINT DIRECTOR DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY) R/O. C/O. DR. G.VIJAYASHANKAR GOKUL BUILDING, SHASTRI NAGAR, - 2 - NC: 2025:KHC-D:14113-DB WP No. 107163 of 2023 HC-KAR II CROSS, BALLARI, DISTRICT BALLARI-583101.

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY) M.S.BUILDING, BENGALURU-560001. (BY SRI. SHARAD V. MAGADUM, AGA) …RESPONDENTS THIS WP 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 20/02/2020 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI IN APPLICATION NO.7193 OF 2017 (PRODUCED AS ANNEXURE-A), AND PERMIT THE PETITIONER FOR CONTINUATION OF DEPARTMENTAL ENQUIRY AGAINST THE RESPONDENT NO.1 IN ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL 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. - 3 - NC: 2025:KHC-D:14113-DB WP No. 107163 of 2023 HC-KAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This writ petition is directed against the Order dated

20.02.2020 in Application No.7193/2017 passed by the Karnataka State Administrative Tribunal, Belgaum, (for short ‘the Tribunal’) whereunder respondent’s petition challenging the order of entrustment dated 04.02.2016 issued under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 as well as consequent articles of charge dated 04.06.2016 are quashed.

2. Heard Sri Srinivas B. Naik, learned counsel for the petitioner and Sri Sharad V. Magadum, learned Additional Government Advocate for respondents and perused the entire writ petition papers.

Respondent No.1 who was working as Joint Director of Department of Education (Primary & Secondary) was before the Tribunal questioning the order of entrustment of inquiry dated 04.02.2016 passed under Rule 14-A of CCA Rules and consequently articles of charge - 4 - NC: 2025:KHC-D:14113-DB WP No. 107163 of 2023 HC-KAR dated 04.06.2016, since respondent no.1 had retired on

30.09.2014, applying Rule 214(2)(b) of KCSR, seeking quashing of the entrustment order as well as articles of charge.

On hearing learned counsels petitioner and respondent no.2 and on perusal of the entire material on record, we do not find any error or irregularity in the order passed by the Tribunal. Admittedly, respondent No.1, retired on 30.09.2014, whereas, the complaint is dated 20.12.2013. After investigation, Report under Section 12(3) of Karnataka Lokayukta Act, 1984 was submitted to the Government. The Government, on examination of the said report, under Order dated 04.02.2016 entrusted the inquiry to the petitioner and consequently, the petitioner issued articles of charge dated 04.06.2016. On perusal of the articles of charge, it is seen that the articles of charge relates to an incident that occurred during 2012-13.

Rule 214 (2)(b) of KCSR reads as follows: - 5 - NC: 2025:KHC-D:14113-DB WP No. 107163 of 2023 HC-KAR

The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment. i) ii) iii) Shall not be instituted save with the sanction of the Government; Shall not be in respect of any event which took place more than four years before such institution; Shall be conducted by such authority and in such place as the Government may direct and in accordance with the. Procedure departmental applicable proceedings in which an order of dismissal from service could be the made Government servant during his service.

in relation

In terms of the 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, subsequent to retirement. - 6 - NC: 2025:KHC-D:14113-DB WP No. 107163 of 2023 HC-KAR

Further Rule 214(6)(a) makes it abundantly clear that Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date. The Hon’ble Apex Court in Union of India and others V/s Anil Kumar Sarkar reported in (2013) 4 SCC 161 has made it clear that Departmental proceedings are commenced only when charge sheet is issued to the delinquent employee.

In the instant case, since the articles of charge is dated 04.06.2016, for an incident that occurred during 2012-13, it is clearly barred by Rule 214(2) of KCSRs.

The petitioner was aged 63 years when he filed application before the Tribunal in the year 2017. As on this day, respondent No.1 is aged more than 70 years. The Tribunal passed order on 20.02.2020, whereas petitioner filed writ petition before this Court on 09.06.2023 after more than 3 years from the date of passing of the - 7 - NC: 2025:KHC-D:14113-DB WP No. 107163 of 2023 HC-KAR order by the Tribunal. The delay of more than 3 years is not explained in the writ petition. Since respondent No.1 is retired, the delay would adversely affect or prejudice the respondent in the evening of his life. For the reasons stated above, we find no merit in the petition and accordingly, writ petition stands rejected. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE VMB CT-CMU LIST NO.: 1 SL NO.: 24