- 1 - HC-KAR NC: 2025:KHC:41180-DB WA No. 1292 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1292 OF 2024 (S-DE) BETWEEN: 1. 2. THE REGISTRAR THE KARNATAKA LOKAYUKTA M.S.BUILDING, DR B R AMBEDKAR ROAD BENGALURU 560001 THE ADDL. REGISTRAR OF ENQUIRIES KARNATAKA LOKAYUKTA M S BUILDING DR B R AMBEDKAR VEEDHI BENGALURU 560001 …APPELLANTS (BY SRI. VENKATESH S ARBATTI., ADVOCATE) AND: 1. SRI PAPE GOWDA S/O CHANNE GOWDA AGED ABOUT 57 YEARS R/O HOSAHALLI NALA ROAD H 69/2 MANDYA CITY, MANDYA. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41180-DB WA No. 1292 of 2024 2. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT AND HOUSING, VIDHANA SOUDHA BANGALORE 560001. 3. THE COMMISSIONER MANDYA MUNICIPAL COUNCIL, MANDYA. …RESPONDENTS (BY SRI. SUDEV HEGDE, AGA FOR R-2 & R-3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 03.10.2023 IN WRIT PETITION No.37511/2012, PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND CONSEQUENTIALLY, ALLOW THE WRIT PETITION AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:41180-DB WA No. 1292 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal is filed impugning the judgment and order dated 03.10.2023 passed in W.P.No.37511/2012 by the learned Single Judge. 2. Respondent No.1 was charge sheeted on 26.07.2006 alleging that he had not collected development charges/layout charges from one Sri R Shivappa in respect of Site No.106/1A measuring 70' x 130' of Kyathungere Village at the rate of Rs.6/- per sq.ft. and had issued an unauthorized Khata bearing No.KT 260/A in his favour. The Articles of charge in respect of the allegations is of the year 1989. The charge sheet dated 26.07.2006, issued after 17 long years. 3. The learned Single Judge has rightly held that initiation of departmental enquiry in respect of a charge of the year 1989, in the year 2006 was belated and could not have been initiated. Therefore, the learned Single Judge on this ground alone has allowed the writ petition filed by respondent No.1 and quashed the enquiry report and all other proceedings. - 4 - HC-KAR NC: 2025:KHC:41180-DB WA No. 1292 of 2024 4. We do not find any ground to interfere with the judgment of the learned Single Judge inasmuch as the employer cannot be allowed to institute the departmental enquiry/proceedings after such a long delay of 17 years in respect of the allegations of same misconduct and therefore, the writ appeal stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE RKA List No.: 1 Sl No.: 19