- 1 - HC-KAR NC: 2025:KHC-D:13647-DB WP No. 103034 of 2023 C/W WP No. 104797 of 2024 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. 103034 OF 2023 (S-KAT) C/W WRIT PETITION NO. 104797 OF 2024 IN WP NO.103034/2023 BETWEEN: 1. THE STATE OF KARNATAKA BY ITS PRL. SECRETARY TO GOVERNMENT AGRICULTURE DEPARTMENT M.S. BUILDING, BENGALURU-560001. 2. THE COMMISSIONER OF AGRICULTURE SHESHADRI ROAD BENGALURU-560009. …PETITIONERS (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND: 1. SRI. ABDULKHADER RESHMI S/O FAKIR SAAB RASHMI AGED ABOUT 68 YEARS, RETIRED ASSISTANT AGRICULTURAL OFFICER, AGRICULTURE DEPARTMENT, PRESENTLY R/AT DAYANAND COLONY, BHARATHI H M Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.16 10:46:26 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13647-DB WP No. 103034 of 2023 C/W WP No. 104797 of 2024 KESHAVAPURA HUBBALLI-580023, DHARWAD DISTRICT. 2. THE REGISTRAR KARNATAKA LOKAYUKTA M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE ADDL. REGISTRAR OF ENQUIRIES-10, KARNATAKA LOKAYUKTA, 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 CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI BENCH IN APPLICATION, NO. 9/2018 BY ORDER DATED. 25.06.2020 VIDE ANNEXURE-A. IN WP NO.104797/2024 BETWEEN: 1. KARNATAKA LOKAYUKTA REP. BY ITS REGISTRAR M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560001. 2. THE ADDITIONAL REGISTRAR OF ENQUIRIES 10 KARNATAKA LOKAYUKTA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU 560001. …PETITIONERS (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND: 1. SRI. ABDUL KHADER F. RESHMI S/O. FAKIR SAAB RESHMI - 3 - HC-KAR NC: 2025:KHC-D:13647-DB WP No. 103034 of 2023 C/W WP No. 104797 of 2024 AGED ABOUT 66 YEARS, OCC. RETIRED ASST. AGRICULTURE OFFICER AGRICULTURE DEPARTMENT R/O. DAYANAND COLONY KESHWAPUR HUBLI, DIST. DHARWAD. 2. THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE, VIKAS SOUDHA, BENGLURU 560001. 3. THE COMMISSIONER FOR AGRICULTURE DEPARTMENT SHESHADRI ROAD, BENGALURU 580001. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, CALL FOR RECORDS IN RESPECT OF THE IMPUGNED ORDER DATED 25-06-2020 MADE IN APPLICATION NO.9/2018 ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL. QUASH THE IMPUGNED ORDER DATED 25-06-2020 MADE IN APPLICATION NO.9/2018 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI, PRODUCED AS ANNEXURE-B BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS AND GRANT SUCH OTHER RELIEFS AS THIS COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE PRESENT CASE INCLUDING ON ORDER FOR COSTS MAY KINDLY BE PASSED IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, 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. - 4 - HC-KAR NC: 2025:KHC-D:13647-DB WP No. 103034 of 2023 C/W WP No. 104797 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The State as well as Karnataka Lokayutka are before this Court aggrieved by order dated 25.06.2020 in Application No.9/2018 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 Principal Government Advocate Sri G.K. Hiregoudar for petitioner/State as well as learned counsel Sri Santosh B. Malagoudar, for Lokayukta and perused the writ petition papers. 3. It is noticed from the writ petition that respondent who was working as Assistant Agricultural Officer in Agricultural Department retired from service after attaining the age of superannuation on 31.05.2014. Prior to his retirement an incident took place during 2011-2012. The State Government entrusted enquiry to the petitioner- - 5 - HC-KAR NC: 2025:KHC-D:13647-DB WP No. 103034 of 2023 C/W WP No. 104797 of 2024 Karnataka Lokayukta under Rule-14A of Karnataka Civil Services (CCA) Rules 1957. 4. On entrustment, the Lokayukta issued articles of charges dated 14.09.2017. The said articles of charges was the subject matter of application before the Tribunal. The Tribunal under impugned order dated 25.06.2020 in the above said application, quashed the articles of charges only on the ground that articles of charges is barred under Rule under Rule 214(2)(b) of Karnataka Civil Services (CCA) Rules. Questioning the said order, the petitioners are before this Court in these two writ petitions. 5. We have heard the learned counsels appearing for the petitioners and on hearing the learned counsels, we are of the considered opinion that no ground is made out to interfere with the impugned order passed by the Tribunal. 6. Admittedly, respondent No.1 retired from service on attaining the age of superannuation on 31.05.2014 and - 6 - HC-KAR NC: 2025:KHC-D:13647-DB WP No. 103034 of 2023 C/W WP No. 104797 of 2024 admittedly articles of charges were issued on 14.09.2017 for an incident which had taken place during 2011-2012. 7. Rule 214 (2)(b) of KCSR 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.” 8. 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 - 7 - HC-KAR NC: 2025:KHC-D:13647-DB WP No. 103034 of 2023 C/W WP No. 104797 of 2024 which took place more than four years before such institution. 9. 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. 10. In the instant case, the allegation against respondent No.1 relates to the period during 2011-12. Respondent No.1 retired from service on 31.05.2014. 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 2011-12 since it would be more than 4 years - 8 - HC-KAR NC: 2025:KHC-D:13647-DB WP No. 103034 of 2023 C/W WP No. 104797 of 2024 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.: 19