- 1 - HC-KAR NC: 2025:KHC:29985-DB WP No. 25406 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH 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.25406 OF 2023 (S-KSAT) BETWEEN: 1. THE REGISTRAR, THE KARNATAKA LOKAYUKTA, M.S. BUILDING, DR. B. R. AMBEDKAR ROAD, BANGALORE-560 001. 2. THE ADDITIONAL REGISTRAR OF ENQUIRIES-3 OFFICE OF THE KARNATAKA LOKAYUKTA, M.S. BUILDING, BANGALORE-560 001. …PETITIONERS (BY SRI JOSEPH ANTHONY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. 2. SRI. B. GANGANNA, S/O. BHYRE GOWDA, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29985-DB WP No. 25406 of 2023 AGED ABOUT 64 YEARS, RETIRED JOINT CONTROLLER, STATE ACCOUNTS DEPARTMENT, BRUHATH BENGALURU MAHANAGARA PALIKE, No.153, 10TH MAIN, BCC LAYOUT, 2ND STAGE, BANGALORE-560 040. …RESPONDENTS (BY SRI V. SHIVAREDDY, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 11/09/2020 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION No.505/2019 (ANNEXURE-A). THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard Sri. Joseph Anthony, learned counsel for the petitioners and Sri. V. Shivareddy, learned AGA for respondent No.1. Perused the entire writ petition papers. - 3 - HC-KAR NC: 2025:KHC:29985-DB WP No. 25406 of 2023 2. The petitioners-Lokayukta authorities represented by Registrar are before this Court questioning the order dated 11.09.2020 passed in Application No.505/2019 by the Karnataka State Administrative Tribunal, Bengaluru (for short 'the Tribunal') by which the articles of charge dated 25.05.2013 was set aside. 3. Learned counsel for the petitioners would submit that the Tribunal committed an error in allowing the application filed by respondent No.2 with an observation that there must be a complaint from somebody making allegation about the misconduct and in the absence of the said compliant and FIR, the authorities cannot proceed with. Therefore, he submits that the impugned order of the Tribunal requires interference. 4. Learned counsel would submit that there need not be any complaint or FIR to initiate disciplinary proceedings against the Government servant. It is for the appointing/disciplinary authority to initiate disciplinary proceedings, when it is brought to its notice regarding the misconduct committed by a Government servant. Thus, he prays for allowing the writ petition. - 4 - HC-KAR NC: 2025:KHC:29985-DB WP No. 25406 of 2023 5. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the opinion that no interference is called for with the impugned order under challenge for the reason that the writ petition is liable to be dismissed solely on the ground of delay and laches. The impugned order was passed by the Tribunal on 11.09.2020 whereas the present petition is filed on 10.11.2023. As on the date of filing application before the Tribunal, respondent No.2 was aged 64 years. By delay of the petitioners, respondent No.2 stands in a prejudicial position. More over, taking note of the fact that as on this date, respondent No.2 is nearly 70 years, we restrain ourselves from interfering with the impugned order. If the notice is ordered in the present writ petition, it would be harassment to the respondent No.2 in the evening of his life. The question raised by the learned counsel for the petitioners that there need not be any complaint or FIR to proceed with the departmental enquiry is kept open to be decided in an appropriate proceeding. 6. Moreover the incident on which the charge memo was issued relates to February-2009 and the enquiry was - 5 - HC-KAR NC: 2025:KHC:29985-DB WP No. 25406 of 2023 dragged on till the quashing of the articles of charge by the Tribunal. 7. For reasons recorded above, the writ petition is disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 29