Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13552-DB WP No. 9004 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 9004 OF 2023 (S-KSAT) BETWEEN:
KARNATAKA LOKAYUKTA, M S BUILDING, BENGALURU - 560 001. REPRESENTED BY ITS REGISTRAR. …PETITIONER (BY SRI. MALLIKARJUN REDDY K S.,ADVOCATE)
AND:
1. SHRI. MOHANA R, AGED ABOUT 63 YEARS, S/O LATE B R RANGAPPA, RTD. TAHSILDAR, R/AT NO 75, “CHIGURU”, 2ND CROSS, KPSC LAYOUT, JNANABHARATHI 2ND STAGE, BENGALURU 560 056. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, BENGALURU 560 001. …RESPONDENTS (BY SRI.B RAVINDRANATH., AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE ORDER DATED 17.02.2021 PASSED BY THE KSAT AT BENGALURU IN A.No.396/2021 AS PER ANNEXURE-A AND ii) AWARD THE COST OF THIS WP. Digitally signed by CHETAN B C Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13552-DB WP No. 9004 of 2023
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
The Karnataka Lokayukta is invoking the Writ jurisdiction of this Court for assailing the Tribunal’s order dated 17.2.2021 whereby, private respondent’s Application No.396/2021 having been favoured, the entrustment of disciplinary enquiry under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, vide order dated 6.11.2020 has been voided. 2. Learned AGA appears for respondent No.2. 3. Having heard the learned counsel for the petitioner & AGA and having perused the Petition Papers, we decline indulgence in the matter broadly agreeing with the reasoning of the Tribunal which has operated Rule 214 (2)(b)(ii) of Karnataka Civil Services Rules. This provision prescribes a limitation period of four years to be reckoned
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NC: 2025:KHC:13552-DB WP No. 9004 of 2023
from the date of event which in the instant case happened long long ago.
The object of prescribing limitation of the kind is to let the retiree to live in peace in the evening of his life, having put in long public service. Rule 214(2)(b) is a rule of repose and peace, to borrow the words of Salmond’s Jurisprudence. There is no provision for condonation of delay, either. 4. The vehement submission of Panel Counsel appearing for the Lokayukta that the direction to handover the possession of granted land to the grantee if necessary by taking recourse to police help was issued in 2012 itself and that the direction has the effect of continuum and therefore, it would give rise to recurring cause of action, is bit difficult to countenance. The reasons for this is obvious. If such a contention is accepted, that would strike the death knell of very prescription of limitation period. Admittedly, the private respondent demitted the office on attaining the age of superannuation on 30.4.2018. - 4 -
NC: 2025:KHC:13552-DB WP No. 9004 of 2023
In the above circumstances, this petition is liable to be & accordingly, dismissed, costs having been made easy. Registry to send a copy of this order to the private respondent by Speed Post, immediately. Sd/- (KRISHNA S DIXIT) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE
cbc List No.: 1 Sl No.: 23