- 1 - HC-KAR NC: 2025:KHC:27005-DB WP No. 22559 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH 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.22559 OF 2023 (S-KSAT) BETWEEN: 1. THE KARNATAKA LOKAYUKTA REPRESENTED BY ITS REGISTRAR M.S.BUILDING DR. AMBEKAR VEEDHI, BENGALURU – 560 001. 2. THE ADDITIONAL REGISTRAR (ARE-7) KARNATAKA LOKAYUKTA M.S.BUILDING DR. AMBEKAR VEEDHI, BENGALURU – 560 001. …PETITIONERS (BY SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, BBMP, BENGALURU – 560 001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27005-DB WP No. 22559 of 2023 PORTS AND INLAND WATER TRANSPORT DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001. 3. SRI. RANGA RAJAPURE S/O YADU RAJAPURE, AGED 56 YEARS, ASSISTANT EXECUTIVE ENGINEER ON DEPUTATION TO BBMP, OFFICE OF SOLID WASTE MANAGEMENT, HEBBAL DIVISION, BANGALORE R/AT NO. 110, 3RD MAIN, VINAYAKA LAYOUT, PUTTENAHALLI, YALAHANKA, BANGALORE – 560 064. …RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF CERTIORARI, OR ANY OTHER WRIT, ORDER, OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE IMPUGNED ORDER 27 NOVEMBER, 2019 IN APPLICATION BEARING No.8799/2018 (ANNEXURE-A); ii) PASS ANY OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. 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 T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:27005-DB WP No. 22559 of 2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners, Lokayukta represented by its Registrar are before this Court under Article 226 of the Constitution of India questioning the order dated 27.11.2019 in Application No.8799/2018 where under, the third respondent’s application is allowed quashing the order of entrustment of enquiry dated 16.01.20196 (Annexure-A4) and consequent Articles of Charge dated 26.05.2019 (Annexure-A5). 2. Heard learned counsel Sri.Joseph Anthony, for petitioners and learned Additional Government Advocate Sri.B.Ravindranath, for respondent Nos.1 and 2. Perused the entire writ petition papers. 3. The respondent No.3 was before the Tribunal questioning the entrustment of enquiry order dated 16.01.2018 issued by the State Government (Annexure-A4) and also Articles of Charge dated 26.05.2018 issued by the petitioners/Lokayukta. The Tribunal accepting the contention of the respondent No.3 that the subject matter of the enquiry - 4 - HC-KAR NC: 2025:KHC:27005-DB WP No. 22559 of 2023 would fall within Section 8(1)(b) of the Karnataka Lokayukta Act, 1984, the Tribunal allowed the application and set aside the entrustment of enquiry as well as the Articles of Charge. 4. Sri.Joseph Anthony, learned counsel for the petitioners would submit that the subject matter would not fall under the provisions of Section 8 (1) (b) of the Karnataka Lokayukta Act, 1984 since it is only an allegation and it is not a grievance. Therefore, he submits that the Tribunal was not justified in quashing the entrustment of enquiry order as well as the articles of charge. 5. We are not inclined to examine the said contention in the present facts and circumstances of the case. It is seen that as on the date of filing the application by the respondent No.3 before the Tribunal in the year 2015, he was aged 56 years. He has retired from service on attaining the age of superannuation on 13.06.2022. The Tribunal passed order allowing the respondent No.3 application on 27.11.2019 whereas, the present writ petition is filed on 06.10.2023 after more than four years. Though the petitioners have not stated anything about the delay in filing writ petition has subsequently - 5 - HC-KAR NC: 2025:KHC:27005-DB WP No. 22559 of 2023 filed affidavit dated 16.07.2025 of the Chairman Legal Cell & Assistant Registrar of the Karnataka Lokayukta, Bengaluru explaining the delay. The affidavit would state that the counsels entrusted to file writ petition were unable to file from 2022 and they have filed the writ petition only in the year 2023. In the given circumstances, it is difficult to accept the explanation. 5. As on this day, the respondent No.3 has retired from service and the incident on which, the articles of charges were issued, relates to the year 2016. At this length of time, the petitioners would not be in a position to issue any article of charge in view of Rule 214(2) of KCSRs. In that view of the matter, we are not inclined to interfere with the impugned order passed by the Tribunal. Accordingly, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 13