- 1 - HC-KAR NC: 2025:KHC:38831-DB RFA No. 2080 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 2080 OF 2025 (MON) BETWEEN: 1. KR PRASHANTH ADITHYA S/O LATE PUTTARAMAIAH, AGED ABOUT 48 YEARS (MENTIONED AS SRI. PRASHANTH IN THE CAUSE TITLE OF OS NO. 346/2021) (AADHAAR CARD ATTACHED) 2. H A PANKAJA W/O LATE PUTTARAMAIAH, AGED ABOUT 70 YEARS BOTH RESIDING AT NO. 474/A, NEW #38, 8TH MAIN, 2ND CROSS, PU THI NARASIMHACHAR ROAD, NEAR GK TRADERS, HANUMANTHNAGAR, BANGALORE SOUTH, GAVIPURAM EXTENSION, BANGALORE, KARNATAKA-560 019. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38831-DB RFA No. 2080 of 2025 (MENTIONED AS SMT.PANKAJA IN THE CAUSE TITLE OF OS NO. 346/2021) (AADHAAR CARD ATTACHED) …APPELLANTS (BY SRI. ANIRUDH A KULKARNI, ADVOCATE) AND: THE DEPUTY COMMISSIONER THE DEPUTY COMMISSIONER OF EXCISE, RAMANAGARA DISTRICT, RAMANAGARA HAVING OFFICE AT: A STREET, OLD BM ROAD, 28TH WARD, RAMANAGARA TOWN, RAMANAGARA - 571 511. (MENTIONED AS THE DEPUTY COMMISSIONER OF EXCISE, RAMANAGARA DISTRICT, RAMANAGARA IN THE CAUSE TITLE OF OS NO. 346/2021) …RESPONDENT (BY SMT. MAMATHA SHETTY, AGA) THIS RFA IS FILED U/O.41 RULE 1 AND 2 R/W SEC.96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DT.29.04.2025 PASSED IN OS.NO.346/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, - 3 - HC-KAR NC: 2025:KHC:38831-DB RFA No. 2080 of 2025 RAMANAGARA, DECREEING THE SUIT FOR RECOVER OF MONEY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed by the defendants challenging the judgment and decree dated 29.04.2025 passed in O.S.No.346/2021 by the Court of I Addl. Senior Civil Judge and JMFC, Ramanagara. 2. It is submitted that the suit had been filed on 07.10.2021 for recovery of amount of Rs.21,97,000/- from the defendants claiming that the said amount represented the loss suffered by the Excise Department on account of dereliction of duty of Late Puttaramaiah, retired Excise Inspector, who is the father of defendant No.1 and the husband of defendant No.2. 3. It is submitted that the alleged loss had occurred on an account of dereliction of duty committed by Late - 4 - HC-KAR NC: 2025:KHC:38831-DB RFA No. 2080 of 2025 Puttaramaiah during 1995-1997. Late Puttaramaiah retired from service on 30.06.2002 and passed away on 08.05.2005. As stated earlier, the suit was filed by the Government on 07.10.2021. 4. The learned counsel for the appellants submits that in view of the clear provisions of Rule 214(3) of the Karnataka Civil Services Rules, 1957, no suit could have been filed for lapse which had occurred more than 4 years before the date of institution and in respect of cause of action which had occurred before the said period of four years. The provision of the rules specifically reads as follows: "214 (3) No judicial proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment, shall be instituted in respect of a cause of action which arose or in respect of an event which took place, more than four years before such institution." 5. The learned counsel would also place reliance on the decision of Co-equal Bench of this Court in the case of State of Karnataka Through the Deputy Commissioner, Bidar and Others vs. Shri. V.H. Agarkhed and Another - 5 - HC-KAR NC: 2025:KHC:38831-DB RFA No. 2080 of 2025 reported in ILR 2017 KAR 3473, wherein it was stated that the judicial proceeding, if not initiated while the Government servant was in service, could not be initiated in respect of cause of action which arose or in respect of an event which took place more than 4 years before such institution. 6. 6. In the instant case, it is submitted that the alleged incidents were of the year 1995-97, even otherwise since Puttaramaiah retired from service on 30.06.2002, the said alleged incident would have to be on some date before the said date of retirement i.e., 30.06.2002. 7. In the above view of the matter, the institution of the suit on 07.10.2021 was hopelessly belated and this aspect of the matter has not been considered by the Court. 8. In the above view of the matter, we are of the opinion that the contention raised by the appellants is well supported by the provisions of the KCSR and as such, they are entitled to succeed in the appeal. The appeal is therefore allowed. - 6 - HC-KAR NC: 2025:KHC:38831-DB RFA No. 2080 of 2025 9. The judgment and decree dated 29.04.2025 passed in O.S.No.346/2021 by the Court of I Addl. Senior Civil Judge and JMFC, Ramanagara is set-aside. The suit shall stand dismissed. No order as to costs. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 28