- 1 - HC-KAR NC: 2025:KHC:41544-DB WP No. 7426 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.7426 OF 2024 (S-KSAT) BETWEEN: 1. KARNATAKA LOKAYUKTA M.S BUILDING BENGALURU - 560 001 REPRESENTED BY ITS REGISTRAR 2. THE ASSISTANT REGISTRAR OF ENQUIRIES - 10 KARNATAKA LOKAYUKTA M S BUILDING , BENGALURU - 560 001 REPRESENTED BY ITS REGISTRAR …PETITIONERS (BY SRI. MALLIKARJUN REDDY K S., ADVOCATE) AND: 1. SRI SIDDANANJAIAH S/O LATE DODDAIAH, AGED ABOUT 66 YEARS RETIRED DEPUTY DIRECTOR OF MINES & GEOLOGY, TUMKURU R/A NO. 48, ANJANADRI NILAYA, NEAR RAMAKRISHNA ASHRAMA, AMARJYOTHI NAGAR, TUMKURU – 572 105 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41544-DB WP No. 7426 of 2024 2. THE PRINCIPAL SECRETARY TO GOVT. COMMERCE AND INDUSTRIES DEPARTMENT VIKAS SOUDHA, BENGALURU – 560 001 …RESPONDENTS (BY SRI. VIKAS ROJIPURA., AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE ORDER DATED 31.08.2020 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION No. 3009/2020, AS PER ANNEXURE-A; b) AWARD THE COST OF THIS WRIT PETITION; AND c) PASS ANY OTHER ORDER 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 B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:41544-DB WP No. 7426 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE T.M.NADAF) This writ petition, under Articles 226 and 227 of the Constitution of India is by Karnataka Lokayukta, calling in question the order dated 31.08.2020 passed by the Karnataka State Administrative Tribunal (for short 'Tribunal') in Application No.3009/2020. 2. The petition involves a short point concerning Rule 214(2)(b)(ii) of the Karnataka Civil Services Rules,1957 (for short 'the KCSRs'). With this, we now proceed to narrate the brief facts relevant to the filing of this petition. 3. A complaint dated 16.12.2014 came to be filed with the petitioner by one Sri.Rangaswamaiah, alleging certain irregularities in mining activities, against the first respondent. The Respondent No.1, who worked as Deputy Director of Mines and Geology, retired on 30.09.2015. He was posted as such in Tumakuru, during July 2012 to September 2015. - 4 - HC-KAR NC: 2025:KHC:41544-DB WP No. 7426 of 2024 4. On the complaint, the petitioner initiated the proceedings, which culminated into a report under Section 12(3) of the Karnataka Lokayukta Act, 1984 (for short 'the Act, 1984'). The report was forwarded with recommendation for entrustment of Departmental Enquiry. The Government on the said report acting under Section 12(4) of the Act, 1984, vide order dated 28.06.2019, entrusted the enquiry to the petitioner under Rule 14-A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (‘CCA Rules, 1957’ for short). Accordingly, on 19.06.2020, a charge memo was issued against the first respondent. 5. It is germane to mention that based on the very same set of allegations, earlier complaints were filed before the Upa-Lokayukta. One such complaint was closed on 12.07.2019 (Annexure A3), and another complaint from 2016 was closed on 22.01.2020. However, in the present matter, the report was forwarded, culminating in the order of Entrustment stated supra. - 5 - HC-KAR NC: 2025:KHC:41544-DB WP No. 7426 of 2024 6. The respondent No.1 filed an application in application No.3009/2020 (present application) calling in question the order of entrustment dated 28.06.2019 passed by respondent No.2 so also the Articles of Charge dated 19.06.2020 issued by the petitioner, on the ground of a statutory bar envisaged under Rule 214(2)(b)(ii) of the KCSRs. 7. Upon accepting the notice, the petitioner as well as the second respondent/Government filed their separate statements of objection. The Tribunal, after perusal of the entire material, found that the allegations in the complaint pertained to an incident which had taken place in 2010, whereas the complaint came to be filed in 2014 and the first respondent had retired on 30.09.2015 upon attaining superannuation. The Tribunal having regard to the timeline viz., the incident, filing of complaint and the subsequent events of retirement, Entrustment order resulting in issuance of Articles of Charge held that the order of Entrustment dated 28.06.2019, issued by the first - 6 - HC-KAR NC: 2025:KHC:41544-DB WP No. 7426 of 2024 respondent and the Articles of Charge dated 19.06.2020, issued by the petitioner/institution were barred under Rule 214(2)(b)(ii) of the KCSRs. 8. Holding as above, the Tribunal allowed the application and quashed the impugned order of Entrustment and subsequent Articles of charge. It is this order of the Tribunal, that is called in question after nearly four years, in the present writ petition. 9. The factual aspects stated above are not in dispute. Respondent No.1 retired on 30.09.2015. The incident relates to the year 2010. Complaint is lodged in the year 2014. The order of Entrustment dated 28.06.2019, culminating in the issuance of the charge memo on 19.06.2020, is hopelessly time barred under Rule 214(2)(ii)(b) of the KCSRs. 10. Though Sri.K.S.Mallikarjun Reddy, tried to support the order of Entrustment, we find no infirmities in - 7 - HC-KAR NC: 2025:KHC:41544-DB WP No. 7426 of 2024 the order passed by the Tribunal in view of the statutory bar under the Rule stated supra. 11. In light of the above, the Tribunal’s order does not call for, any interference at the hands of this Court. The writ petition is sans merits and is accordingly dismissed. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE TIN List No.: 1 Sl No.: 10