- 1 - HC-KAR NC: 2025:KHC:39094-DB WP No. 24277 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 24277 OF 2023 (S-KSAT) BETWEEN: 1. THE KARNATAKA LOKAYUKTA, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU 560001. REPRESENTED BY ITS REGISTAR. 2. THE ADDITIONAL REGISTRAR OF ENQUIRIES 2, KARNATAKA LOKAYUKTA, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560001. …PETITIONERS (BY SRI VENKATESH S ARBATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY, M. S. BUILDING, BENGALURU 560001. 2. THE PRICIPAL CHIEF CONSERVATOR OF FOREST, (HEAD FOREST FORCES), Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39094-DB WP No. 24277 of 2023 FOREST DEPARTMENT, ARANYA BHAVANA, MALLESHWARAM, BENGALURU 560003. 3. SRI SHARIFF H., AGED ABOUT 65 YEARS, RETIRED FORESTER, R/AT 9TH CROSS, M. G. NAGAR, HOSPET, BELLARY DISTRICT 563101. 4. SRI THIPPANNA, S/O GANGANNA, AGED ABOUT 63 YEARS, RETIRED FORESTER, R/AT WARD No.8, INDIRA NAGAR, KARATAGI, KOPPAL 583229. 5. SRI G V MALAGI, S/O VEERAPPA MALAGI, AGE ABOUT 63 YEARS, RETIRED RANGE FOREST OFFICER, R/AT KALYANA NAGAR, WARD NO 12, CHITTWADIGI, HOSPET, BELLARY DISTRICT 563101. 6. SRI O. OBAYYA S/O BHEEMAIAH, AGED ABOUT 64 YEARS, RETIRED FOREST GUARD, R/AT NEKHAR COLONY, 4TH CROSS, HOSPET, BELLARY DISTRICT 563101. 7. SRI D S MALLIKARJUNAIAH S/O D SHIVALINGAPPA, AGED ABOUT 61 YEARS, RETIRED RANGE FOREST OFFICER, - 3 - HC-KAR NC: 2025:KHC:39094-DB WP No. 24277 of 2023 R/AT GOILAL POST, HIRIYUR TALUK, CHITRADURGA DISTRICT 577001. 8. SRI J HANUMANTAPPA S/O NAGAPPA, AGED ABOUT 61 YEARS, RETIRED DEPUTY RANGE FOREST OFFICER, R/AT WARD No.35, NEAR AKASAVANI, HOSPET, BELLARY DISTRICT 563101. 9. SRI D SHOBYA NAIK S/O LATE DENYA NAIK, AGED ABOUT 62 YEARS, RETIRED FOREST GUARD, R/AT GOVINDAPUR THANDA, VARAKANAHALLI POST, HUVINA HADAGALI TALUK, BELLARY DISTRICT 563101 …RESPONDENTS (BY SRI B. RAVINDRANATH, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.08.2021 IN APPLICATION Nos. 3115 TO 3121/2017 PASSED BY HON'BLE KSAT VIDE ANNEXURE-A. 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 K. V. ARAVIND - 4 - HC-KAR NC: 2025:KHC:39094-DB WP No. 24277 of 2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners-Lokayukta authorities, represented by the Registrar are before this Court questioning the impugned order dated 30.08.2021 in Application No.3115-3121/2017 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, 'the Tribunal'), by which, the respondents applications are allowed and Articles of Charge are quashed, solely on the ground that the Articles of Charge are barred by Rule 214(2)(b)(ii) of the Karnataka Civil Services Rule (KCSRs). 2. Heard Sri. Venkatesh S. Arbatti, learned counsel for the petitioners and Sri. B. Ravindranath, Additional Government Advocate for respondent Nos.1 and 2 and perused the entire writ petition papers. 3. On hearing learned counsel for the petitioners and learned Additional Government Advocate for respondent Nos.1 and 2, we find no error or illegality in the order passed by the Tribunal. The following tabular statement gives the details of the date of incident, date of Articles of Charge and date of retirement in respect of each of the respondents: - 5 - HC-KAR NC: 2025:KHC:39094-DB WP No. 24277 of 2023 Date/Period of incident Date of Articles of charge Date of retirement Shariff H -R3 19.11.2019 - 11.03.2010 16.12.2015 31.05.2012 Thipanna-R4 11.01.2010 - 14.04.2010 16.12.2015 31.04.2014 G.V. Malagi-R5 27.12.2009 - 28.02.2010 18.11.2015 30.06.2014 O. Obayya -R6 12.12.2009 - 05.04.2010 14.12.2015 30.06.2012 D.S. Mallikarjunaiah- R7 17.01.2010 - 02.04.2010 19.12.2015 30.11.2015 J. Hanumantappa- R8 17.11.2009 14.12.2015 31.05.2015 D.Shobya Naik - R9 06.01.2010 - 14.04.2010 16.12.2015 31.05.2014 4. Rule 214(2)(b)(ii) of KCSRs would not permit initiation of enquiry against retired persons in respect of any event which took place more than four years prior to such institution. The institution of enquiry in terms of sub-rule 6 of Rule 214 of KCSRs would be the date on which the statement of charge is issued to the concerned government servant. 5. In terms of the above rule, the Articles of Charge issued in respect of respondents, is beyond four years from the date of incident in respect of all the retired respondents. - 6 - HC-KAR NC: 2025:KHC:39094-DB WP No. 24277 of 2023 6. Learned counsel for the petitioners would submit that the petitioner would not press prayer Nos.(iii) and (iv) and pray for keeping it open. 7. No ground is made out for interference with the order of the Tribunal. Accordingly, writ petition stands rejected. 8. The prayer of learned counsel for the petitioners is allowed and prayer Nos.(iii) and (iv) are kept open. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 4