- 1 - HC-KAR NC: 2025:KHC-D:13632-DB WP No. 106764 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS. JUSTICE GEETHA K.B. WRIT PETITION NO. 106764 OF 2023 (S-KAT) BETWEEN: 1. THE KARNATAKA LOKAYUKTA M.S. BUILDING, BENGALURU 560001 REPRESENTED BY ITS REGISTRAR LOKAYUKTA 2. THE ADDITIONAL REGISTRAR OF ENQUIRIES-3 KARNATAKA LOKAYUKTA M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU 560001. …PETITIONERS (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. SRI I.H.MUJAVARA S/O. SRI HASAN SAB AGED ABOUT 65 YEARS, OCC. RETIRED SECRETARY OF GRAM PANCHAYAT, MRITYUNJAY NAGAR, KOPPAD LAYOUT, NEAR PARK, RANEBENNUR TALUK HAVERI DISTRICT 581115. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY BHARATHI H M Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.16 12:34:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13632-DB WP No. 106764 of 2023 DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ M.S.BUILDING, BENGALURU 560001. 3. THE STATE OF KARNATAKA REPRESENTED BY ITS DEPUTY DIRECTOR EX-OFFICIO UNDER SECRETARY TO GOVERNMENT DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ M.S.BUILDING, DR. AMBEDKAR VEEDHI BENGALURU 560001. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED. 25-06- 2020 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI IN APPLICATION NO.3094 OF 2019 (PRODUCED AS ANNEXURE-A) AND PERMIT THE PETITIONERS FOR CONTINUATION OF DEPARTMENTAL ENQUIRY AGAINST THE RESPONDENT NO. 1 IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER; CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS. JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:13632-DB WP No. 106764 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This writ petition under Article 226 of the Constitution of India is filed by the Karnataka Lokayukta against the order dated 25.06.2020 in Application No.3094/2019 passed by the Karnataka State Administrative Tribunal, Belagavi (for short, ‘Tribunal’) wherein the articles of charges against respondent No.1 is quashed. 2. Heard learned counsel Srinivas B. Naik for petitioners as well as learned Principal Government Advocate Sri.G.K.Hiregoudar for respondent Nos.2 and 3 and perused the writ petition papers. 3. On hearing the learned counsels for the parties and on perusal of the entire writ petition records, we are of the considered opinion that no ground is made out to interfere with the impugned order passed by the Tribunal. 4. Respondent No.1 retired from service on attaining the age of superannuation on 30.04.2017 and - 4 - HC-KAR NC: 2025:KHC-D:13632-DB WP No. 106764 of 2023 whereas articles of charges were issued on 06.02.2019 in respect of an event which had taken place in the year 2010- 2011. 5. Rule 214 (2)(b) of KCSRs reads as follows: “The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re- employment. i) Shall not be instituted save with the sanction of the Government; ii) Shall not be in respect of any event which took place more than four years before such institution; and iii) Shall be conducted by such authority and in such place as the Government may direct and in accordance with the. Procedure applicable to departmental proceedings in which an order of dismissal from service could be the made in relation to the Government servant during his service.” 6. In terms of the above Rule, departmental proceedings, if not instituted while the Government servant was in service, shall not be initiated in respect of any event - 5 - HC-KAR NC: 2025:KHC-D:13632-DB WP No. 106764 of 2023 which took place more than four years before such institution. 7. Further Rule 214(6)(a) makes it abundantly clear that Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date. The Hon’ble Apex Court in Union of India and others V/s Anil Kumar Sarkar reported in (2013) 4 SCC 161 has made it clear that Departmental proceedings are commenced only when charge sheet is issued to the delinquent employee. 8. In the instant case, the allegation against respondent No.1 relates to the period during 2010-11. Respondent No.1 retired from service on 30.04.2017. In terms of Rule 214 of KCSR, no enquiry against respondent No.1 could be initiated in respect of any event which took place during 2010-11 since it would be more than 4 years - 6 - HC-KAR NC: 2025:KHC-D:13632-DB WP No. 106764 of 2023 before such institution. In view of this finding no other ground remains for consideration. Thus, we do not find any error in the order passed by the Tribunal. Accordingly, writ petition stands rejected. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE VMB CT-CMU LIST NO.: 1 SL NO.: 20