- 1 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 13717 OF 2025 (S-KSAT) BETWEEN: D.G.NARAYANA DAS S/O D. GOVINDA DAS AGED ABOUT 63 YEARS GAZETTED MANAGER (RETD.,) O/O THE BLOCK EDUCATION OFFICER KURAGODU TALUK, BELLARY DIST. BELLARY – 583116 (R/AT #16, SHIVA SHIRTHA, 1ST FLOOR 22ND CROSS, 1ST MAIN, MARUTHI NAGAR YELAHANKA, BANGALORE-560004) E.MAIL: DASDGNARAYANA@GMAIL.COM PH:9945862529. …PETITIONER (BY SRI. L. SIDDAIAH, ADV.) AND: 1. GOVERNMENT OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPT. OF SCHOOL EDUCATION, 6TH FLOOR, M.S. BUILDING, DR. B.R. AMEDKAR ROAD, BANGALORE - 560 001. 2. THE COMMISSIONER, DEPT. OF EDUCATION, NEW PUBLIC OFFICES, K.R.CIRCLE, BANGALORE - 560 001. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 3. THE ADDL. COMMISSIONER, DEPT. OF SCHOOL EDUCATION, GULBARGA. 4. DEPUTY DIRECTOR DEPT. OF SCHOOL EDUCATION BALLARY-583116. 5. ACCOUNTANT GENERAL IN KARNATAKA (A AND E) POST BOX NO.5329/5369, PARK HOUSE ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI. B RAVINDRANATH, AGA FOR R1 TO R5, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED ORDER DATED 08.07.2024 PASSED BY KSAT IN A.NO.2178/2024, VIDE ANNEXURE-A SCN NO.ED 45 PMC 2021 DATED 26.12.2022 (ANNE-A1) ISSUED BY RESPONDENT-1 AND CONSEQUENTLY LETTER NO.E1:SIBBANDI:BODHAKETHARA/ NDC/PRAMANAPATRA/73/2022-23 DATED 04.11.2023 (ANNE-A3) ISSUED BY RESPONDENT-4 U/R 214 A (1) OF KCSRS. AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR JUSTICE S.G.PANDIT) The petitioner, a retired Government servant is before this Court under Article 226 of the Constitution of India with a prayer to quash the impugned order dated 08.07.2024 passed by the Karnataka State Administrative - 3 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 Tribunal, Bangalore (for short “the Tribunal”) and impugned show-cause notice bearing No.ED 45 PMC 2021 dated 26.12.2022 (Annexure-A1); consequent letter dated 04.11.2023 bearing No.E1:Sibbandi:Bodhakethara/NDC/ Pramanapatra/73/2023 issued by 4th respondent to 5th respondent withhold pensionary benefits of the petitioner. The petitioner has also sought for a direction to the respondents to release the pension and all other retiral benefits, including leave salary with interest. 2. The brief facts of the case are that: The petitioner has retired from service on attaining the age of superannuation on 31.05.2023. While he was in service, in terms of Annexure-A1 dated 26.12.2022, show-cause notice/charge memo was issued alleging misconduct, while he was working as Gazetted Manager, in the office of the BEO, Kurugodu of Ballary District, in matter of payment of salary of Sree Ramakrishna Vidya Vardhaka Sangha, Kampli, Hospet Taluk, Ballary District. Consequent to issuance of charge memo/show-cause - 4 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 notice, the 4th respondent vide letter dated 04.11.2023 (Annexure-A3) addressed a letter to the 5th respondent to release only provisional pension since departmental enquiry is pending against the petitioner. The petitioner aggrieved by the show-cause notice as well as the communication to 5th respondent to withhold pensionary benefits approached the Karnataka State Administrative Tribunal at Bengaluru (for short “the Tribunal”) in Application No.2178/2024. The Tribunal, under impugned order dated 08.07.2024 rejected petitioner’s prayer to quash impugned show-cause notice as well as letter communicating to release only provisional pension. Being aggrieved by the order of the Tribunal as well as the show- cause notice and the communication to release only provisional pension, petitioner is before this Court in this writ petition. 3. Heard learned counsel Sri.L.Siddaiah for the petitioner and learned AGA Sri.B.Ravindranath for respondents. Perused the writ petition papers. - 5 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 4. Learned counsel Sri.Siddaiah for petitioner would contend that the petitioner is not responsible for the alleged misconduct as alleged in the show-cause notice dated 26.12.2022. He would submit that the petitioner has no role to play either in releasing or withholding of salary of the teachers of Sree Ramakrishna Higher Primary School, Kampli, Hospet Taluk, Ballari District. Further, learned counsel would submit that in terms of Annexure-A7 dated 21.10.2013, action is taken against the Educational Institution, as such, there was no occasion for the respondent-authorities to initiate departmental enquiry against the petitioner. 5. Learned counsel Sri.Siddaiah pointed out from the charge memo that the enquiry is initiated in the year 2021 for an incident alleged to have been taken place between the years 2008 and 2011. In that circumstance, learned counsel would submit that, there is inordinate delay in initiating enquiry and as such, no enquiry against a retired government servant could be initiated belatedly. - 6 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 6. Learned counsel also submits that the Government has released only provisional pension withholding all other retirement benefits. Learned counsel placing reliance on the Government Order dated 27.07.1983 submits that the 5th respondent/Accountant General, in the absence of any communication from the first respondent/State Government, is required to release all the pensionary benefits entitled to, by the petitioner. 7. On the other hand, learned AGA justifies the charge memo as well as the order passed by the Tribunal. Learned AGA pointed out from the charge memo that cause of action to initiate enquiry arose only on disposal of W.P.Nos.21371-375/2015 disposed of on 20.01.2001 filed by the Teachers belonging to Sree Ramakrishna Higher Primary School, who had not received the salary. Further, learned AGA would submit that the petitioner is paid provisional pension and his entire pensionary benefits are withheld since the enquiry is pending in terms of Rule 214 of KCSRs. It is also his submission that the Government - 7 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 Order on which the petitioner has placed reliance would have no application to the facts of the present case, since there is specific communication by the 4th respondent to 5th respondent/Accountant General to release only provisional pension. Thus, he prays for dismissal of the writ petition. 8. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, the only point which falls for consideration is as to: Whether the impugned order passed by the Tribunal requires interference and whether the petitioner would be entitled for the prayer made before the Tribunal? 9. Answer to the above point would be in the negative for the following reasons: Admittedly, the petitioner retired from service on attaining the age of superannuation on 31.05.2023. But, while the petitioner was in service, show-cause notice/ - 8 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 charge memo dated 26.12.2022 was issued alleging certain misconduct. The misconduct alleged was in respect of the grant-in-aid and salary in respect of the teachers of Sree Ramakrishna Higher Primary School, Kampli, Hospet Taluk, Ballari District. In fact, the teachers of the said Educational Institution had approached this Court in W.P.Nos.21371-375/2015 praying for payment of salary and this Court, by order dated 20.01.2021 disposed of the writ petitions holding that the petitioners therein i.e., teachers of the Educational Institution are entitled for salary. Thereafter, the first respondent-Government has initiated enquiry and issued show-cause notice/charge memo dated 26.12.2022. Therefore, it is not open for the petitioner to contend that there is inordinate delay in initiating enquiry. As could be seen from the records, the enquiry was initiated only after disposal of the writ petition filed by the teachers of the said Educational Institution on 20.01.2021. - 9 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 10. The petitioner’s contention that no document as indicated in Annexure-A1/show-cause notice dated 26.12.2022 is supplied or furnished is untenable and in terms of Rule 11(11) of Karnataka Civil Service (Classification, Control and Appeals) Rules, 1957, the petitioner would be entitled for inspection of the documents. 11. Rules 214 of KCSRs permits withholding of pension or part there of during the pendency of the departmental enquiry. Further, Rule 214 of KCSRs permits sanction of provisional pension where departmental enquiry is pending against a retired Government Servant. In terms of Rule 214 and 214A of KCSRs, the 4th respondent, under Annexure-A3/letter dated 04.11.2023 addressed to the 5th respondent-Principal Accountant General (A & E) has rightly directed to release only provisional pension withholding all other pensionary benefits in view of the pending departmental enquiry. We do not see any - 10 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 irregularity or error in the said action of the first respondent. 12. Learned counsel for the petitioner has placed reliance on the Government Order dated 27.07.1983 and contended that the 5th respondent/Accountant General ought to have released the entire pensionary benefits on expiry of six months when no communication is addressed to the 5th respondent by the 4th respondent. At the first instance, it is to be stated that the Government Order cannot run contrary to Rules 214 and 214A of KCSRs. Be that as it may, the said Government Order would come into operate under different circumstances where departmental enquiry is not pending. In the case on hand, the Government has withheld pensionary benefits during pendency of departmental enquiry. 13. In the instant case, the 4th respondent has already communicated to the 5th respondent in its letter dated 04.11.2023 to withhold pensionary benefits by sanctioning - 11 - HC-KAR NC: 2025:KHC:18834-DB WP No. 13717 of 2025 only provisional pension in view of pending departmental enquiry. Thus, we do not see any merit in any of the contentions raised by the petitioner. 14. The Tribunal, in its order at paragraph 11 has recorded its reasons for its order and has rightly observed that the government servant who is facing departmental enquiry at the time of retirement is entitled to provisional pension only. 15. For the reasons recorded above, we do not find any merit in the writ petition and accordingly, the writ petition stands rejected. MPK CT:bms List No.: 1 Sl No.: 15 Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE