Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32614-DB WP No. 8245 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO.8245 OF 2022 (S-KSAT)
BETWEEN:
1.
SRI. K.P. NAGENDRA, S/O PARAMESHWARAPPA, AGED ABOUT 66 YEARS, ASSISTANT REGIONAL TRANSPORT OFFICER, (NOW RETIRED) R/AT NO.2371/1, 10TH CROSS, ATHANI COLLEGE S.S. LAYOUT A, BLOCK DAVANAGERE
2.
SRI.DILIP MAHENDRA KUMAR.
S/O LATE GANAPAT RAO, AGED ABOUT 62 YEARS, WORKING AS SENIOR INSPECTOR OF MOTOR VEHICLES (NOW RETIRED) R/AT 2/20, MIG, KHB COLONY, NETAJI NAGAR, BELLARY 583104.
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:32614-DB WP No. 8245 of 2022
3.
SRI AZGHAR ALI KHAN, AGED ABOUT 55 YEARS, S/O LATE UMAR KHAN, INSPECTOR OF MOTOR VEHICLES, RTO OFFICE, JAYANAGAR, BENGALURU SOUTH, BENGALURU …PETITIONERS
(BY SRI. VIJAYA KUMAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPD. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF TRANSPORT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001
2.
THE COMMISSIONER OF TRANSPORT, 1ST FLOOR, 'A' BLOCK, BMTC COMPLEX, BENGALURU-560027
3.
THE KARNATAKA LOKAYUKTA, REPD. BY ITS REGISTRAR, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001
4.
THE ADDITIONAL REGISTRAR OF ENQUIRY-2,
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HC-KAR NC: 2025:KHC:32614-DB WP No. 8245 of 2022
KARNATAKA LOKAYUKTA, M.S.BUILDING, B.R.AMBEDKAR VEEDHI, BENGALURU-560001
5.
THE ACCOUNTANT GENERAL, (A&E) KARNATAKA, PALACE ROAD, BANGALORE-560001.
…RESPONDENTS
(BY SRI. B.RAVINDRANATH, AGA FOR R1, R2 & R5;
SRI. VENKATESH.S.ARBATTI, ADV. FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 30.08.2021 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No- 3088/2017, 2787/2017 AND 2828/2017 (VIDE ANNEXURE-A) AND ALLOW THE SAID APPLICATIONS 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 K. V. ARAVIND
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HC-KAR NC: 2025:KHC:32614-DB WP No. 8245 of 2022
ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard Sri. Vijay Kumar, learned counsel for the petitioners and Sri. Venkatesh.S.Arbatti, learned counsel for respondent Nos.3 and 4 as well as learned Additional Government Advocate for respondent Nos.1, 2 and 5. Perused the entire writ petition papers.
2. At the outset, both the learned counsels for the parties would submit that the petitioners have questioned the Entrustment Order dated 04.04.2017 as well as Corrigendum dated 04.05.2017 before the Tribunal. The Tribunal under the impugned order dated 30.08.2021 dismissed the application of the petitioners as devoid of merit. Similarly situated persons had also approached the Tribunal questioning such entrustment of enquiry and those applications were allowed by order dated 19.04.2017 in Application Nos.2198/2016 c/w 2199/2016, which was the subject matter of writ petitions before this Court in W.P.No.29212/2017 clubbed with W.P.No.29213/2017, W.P.No.38938/2018. This court, by order dated 29.06.2021, allowed the writ petitions and set aside the order of the
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HC-KAR NC: 2025:KHC:32614-DB WP No. 8245 of 2022
Tribunal. The said order of this Court was the subject matter of SLP.Nos.13209-13210/2021. The Hon'ble Apex Court by order dated 26.09.2023 dismissed the SLP.Nos.13209-13210/2021 filed by the petitioners therein. The order passed by the Hon'ble Apex Court reads as follows:
"After having heard learned counsel appearing on behalf of the parties at length and considering the fact that the order of the Karnataka State Administrative Tribunal dated 19.04.2017 has been set-aside by the
order impugned by which the order dated 06.09.2013 of initiation of the inquiry and the chargesheet dated 08/20.04.2015 have been quashed, we are not inclined to interfere in the order impugned passed by the High Court. The Special Leave Petitions are, accordingly, dismissed. However, we are of the opinion that this is a case of challenging the order of initiation of departmental action and the charge-sheet issued by the department, therefore, we observe that all the contentions as raised before this Court or as are available under the law, are left open to the petitioner to be raised before the appropriate authority in accordance with law, which shall be duly considered. On passing any adverse order against the petitioner, liberty is granted to raise all those points before the appropriate forum. In view of the dismissal of these Special Leave Petitions, the interim order dated 07.09.2021 passed by this Court stands vacated. The respondents are at liberty
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HC-KAR NC: 2025:KHC:32614-DB WP No. 8245 of 2022
to take appropriate action in accordance with law and conclude the inquiry as expeditiously as possible. Pending interlocutory application(s), if any, is/are
disposed of."
3. In view of the order passed by the Co-ordinate Bench dated 29.06.2021 in W.P.No.29212/2017 and connected matters and the order of the Hon'ble Apex Court in the above stated SLP, the present writ petition is also liable to be dismissed. Accordingly, the writ petition stands rejected. All contentions of the parties are left open. In view of the above, pending I.As do not survive for
consideration.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
SMJ List No.: 1 Sl No.: 16