- 1 - NC: 2025:KHC-D:5511-DB WP No. 101375 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO.101375 OF 2022 (S-KAT) BETWEEN: MURULIDHARA S/O. MAHADEVA NAIK, AGE. 40 YEARS, OCC. POLICE CONSTABLE, R/O. # NAVILGONE, TAL. HONNAVARA, DIST. UTTARA KANNADA-581338, OFFICE ADDRESS: MURDESHWAR POLICE STATION, MURDESHWAR, DIST. UTTARA KANNADA-581339. …PETITIONER (BY SRI GIRISH BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS II FLOOR, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. SUPERINTENDENT OF POLICE, KARWAR, R4FH+RP4, KAJUBAGH, KODIBAG, KARWAR, KARNATAKA-581301. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5511-DB WP No. 101375 of 2022 3. CIRCLE POLICE INSPECTOR, DANDELI CIRCLE, BARACHI ROAD, DANDELI-581325, DIST. UTTARA KANNADA. …RESPONDENTS (BY SRI G.K. HIREGOUDER, GOVT. ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, I. ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI, QUASHING/SETTING ASIDE THE IMPUGNED ORDER PASSED BY KARNATAKA ADMINISTRATIVE TRIBUNAL AT BELAGAVI IN ORIGINAL APPLICATION NO.11372/2021 DATED 21.02.2022 VIDE ANNEXURE-B TO THE WRIT PETITION. II. ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ARTICLE OF CHARGE BEARING NO.SIBBANDI(2)/E.V.-642/2021 DATED 02.03.2021 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A6 AND ALL FURTHER DISCIPLINARY PROCEEDINGS PURSUANT TO IT AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:5511-DB WP No. 101375 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The petitioner a Police Constable is before this Court, calling in question the order dated 21.02.2022, passed in Application No.11372/2021, by the Karnataka State Administrative Tribunal, Belagavi1. The petitioner has filed Application No.11372/2021 challenging the Articles of Charge dated 02.03.2021. The Tribunal, by the said order dated 21.02.2022, dismissed the application. Being aggrieved, the present writ petition is filed. 2. This Court, vide order dated 12.07.2022, ordered that the contemplated disciplinary proceedings shall go on; however, no penalty order shall be passed without the leave of this Court. 3. Learned AGA submits that the disciplinary proceedings have been completed and the charges are held to be proved. It is further submitted that due to the interim order granted by this Court, the order on penalty has not been passed. 1 Hereinafter referred to as the ‘Tribunal’ - 4 - NC: 2025:KHC-D:5511-DB WP No. 101375 of 2022 4. Learned counsel for the petitioner contends that the very initiation of enquiry against the petitioner pursuant to the charge memo itself is called in question. The learned counsel for the petitioner submits that the Articles of Charge issued is barred by time and that the allegation is against the Deputy Superintendent of Police2 and Inspector of Police and that the petitioner is only a Police Constable. 5. The contention that the initiation of proceedings barred by time is not liable to be accepted, since the petitioner is still in service. Further, the contention of the petitioner that the allegations are only against the DSP and Inspector, are required to be considered when the appreciation of evidence of the main enquiry is done and the same cannot be adjudicated upon in the present stage. Moreover no case of action would arise to challenge the charge memo and normally no writ would be entertained challenging charge memo. 6. In view of the fact that the enquiry itself has been completed, and since the petitioner can challenge the result of 2 2 Hereinafter referred to as the ‘DSP’ - 5 - NC: 2025:KHC-D:5511-DB WP No. 101375 of 2022 the said enquiry and the orders passed consequent to the same, the present writ petition is disposed off. 7. In view of disposal of the writ petition, pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 42