- 1 - HC-KAR NC: 2025:KHC:25708-DB WP No. 2715 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 2715 OF 2024 (S-KSAT) BETWEEN: KARNATAKA LOKAYUKTA REP. BY ITS REGISTRAR M S BUILDING BENGALURU- 560001. …PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY AGRICULTURE DEPARTMENT IV FLOOR, GATE NO.3 M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001. 2. SRI P K KUVARAN SON OF VARGHESE AGED 68 YEARS RETIRED ASST. AGRICULTURAL OFFICER MENASUR, N R PURA N R PURA TALUK CHICKMAGALURU DISTRICT- 577134. …RESPONDENTS (BY SRI.B RAVINDRANATH, AGA FOR R1) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25708-DB WP No. 2715 of 2024 THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER/DIRECTION CALLING FOR RECORDS FROM THE RESPONDENT NO.1 AND THE TRIBUNAL WHICH ULTIMATELY RESULTED IN THE PASSING OF THE IMPUGNED ORDER ANNEXURE-A; II) ISSUE AN ORDER/DIRECTION OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE IMPUGNED ORDER ANNEXURE-A IN APPLICATION NO.3060/2018 VIDE ORDER DATED 30/03/2021 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) Heard learned counsel Sri.Venkatesh S. Arbatti for petitioner and learned Additional Government Advocate Sri.B.Ravindranath for respondent No.1. Perused the entire writ petition papers. 2. Learned counsel for the petitioner Sri.Venkatesh S. Arbatti would submit that the respondent No.2 as well as one more Government servant approached the Tribunal - 3 - HC-KAR NC: 2025:KHC:25708-DB WP No. 2715 of 2024 in Application Nos.3060 & 3061/2018 questioning the order of penalty dated 10.06.2015 imposing penalty of withholding of 5% of pension and recovery and against the other person, punishment of withholding three annual increment for a period of five years and also recovery. The Tribunal under impugned order dated 30.03.2021 insofar as respondent No.2 is concerned, allowed the application on setting aside penalty of withholding pension and recovery. 3. Learned counsel for the petitioner would submit that the enquiry has been conducted against the respondent No.2 and the finding against respondent No.2 is that he has misconducted himself, which is a grave misconduct. Based on the said finding, punishment is imposed. After the imposition of punishment, he submits that the Tribunal without reference to Rule 214(2)(b)(ii) of KCSRs could not have set aside the order of punishment. - 4 - HC-KAR NC: 2025:KHC:25708-DB WP No. 2715 of 2024 4. On hearing the learned counsel appearing for the petitioner and on perusal of the entire writ petition papers, we are of the view that the impugned order insofar as respondent No.2 is concerned, no ground is made out to interfere. 5. Admittedly, in addition to other infirmities pointed out by the Tribunal, the charge against respondent No.2 is hit by Rule 214(2)(b)(ii) of KCSRs. The respondent No.2 retired form service on 31.05.2011 on attaining the age of superannuation, whereas the charge memo issued on 18.08.2015 is in respect of an incident that has occurred between 2005-2010. 6. In the above circumstances, we are of the considered opinion that the charge memo dated 18.08.2015 is beyond four years from the date of incident on which the charge memo is issued and the same is contrary to Rule 214(2)(b)(ii) of KCSRs. - 5 - HC-KAR NC: 2025:KHC:25708-DB WP No. 2715 of 2024 7. There is no merit in the writ petition and accordingly, writ petition stands rejected. All other contentions of the parties are left open. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 26