- 1 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 13256 OF 2024 (S-KSAT) C/W WRIT PETITION NO. 18396 OF 2025 (S-KSAT) IN WP No. 13256/2024 BETWEEN: 1. 1(a). SRI. DODDABASAYYA, SINCE DECEASED BY HIS LR's SMT. PUSHPAVATHI, AGED ABOUT 56 YEARS, W/O LATE SRI DODDABASAYYA RESIDING AT: C/O SRI. CHANNAYYA HIREMATH, NO.311, A BLOCK, ARONI GARDEN, JAKKUR MAIN ROAD, NEHRU NAGAR, YELAHANKA, BENGALURU - 560 064. 1(b). SMT. H. NEERAJ, AGED ABOUT 35 YEARS, D/O LATE SRI DODDABASAIAH, W/O SRI MAHESH, RESIDING AT NO.LIG 86, NIJALINGAPPA COLONY, WARD NO.5, RAICHUR - 584 101. 1(c). SMT. H. NIKHILA, AGED ABOUT 32 YEARS, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 D/O LATE SRI DODDABASAYYA, W/O SRI. CHANNAIAH HIREMATH, RESIDING AT: HOUSE NO.21, WARD NO.28, B.NAGAR, KUSTAGI, KOPPALA DISTRICT - 583 277. 1(d). SMT. H. NIROSHA, AGED ABOUT 29 YEARS, D/O LATE SRI. DODDABASAYYA W/O SRI. AMARESH, H.NO.1-5-169, 1ST CROSS, CBS EXTENSION, NEAR SHANKAR MUTT, JAYANAGAR, GANGAWATHI, KOPPAL DISTRICT - 583 227. LEGAL HEIRS OF LATE SRI. DODDABASAYY HIREMATH, S/o. LATE SRI. SHANKARAIAH, RETIRED ACCOUNTS SUPERINTENDENT, (RETIRED ON 30-06-2018 DIED ON 01-05-2023), OFFICE OF THE DEPUTY DIRECTOR, LOCAL AUDIT CIRCLE, 1ST FLOOR, 'ANUSHREE COMPLEX', COLLEGE ROAD, MADIKERI - 571 201. …PETITIONERS (BY SRI. R. NAVEEN KUMAR & SRI. RAJASHEKAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT, VIKASA SOUDHA, DR AMBEDKAR BEEDHI, BANGALORE - 560 001. - 3 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 2. THE STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001. 3. THE CHIEF ENGINEER, MINOR IRRIGATION (NIORTH), JALANAGAR, VIJAYAPURA - 586 109. 4. THE PRINCIPAL DIRECTOR, KARNATAKA STATE AUDIT AND ACCOUNTS DEPARTMENT, 3RD FLOOR, TTMC 'A' BLOCK, BMTC, SHANTHINAGARA, BENGALURU - 560 027. 5. EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, MINOR IRRIGATION DEPARTMENT, KUSTAGI, KOPPAL DISTRICT - 583 277. 6. THE ACCOUNTANT GENERAL IN KARNATAKA (A AND E), BANGALORE - 560 001. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 02.11.2023 MADE IN A.No-1762/2023 ON FILE OF THE KSAT BENGALURU (ANNEXURE-A) IN SO FAR AS IT RELATES TO DIRECTION ISSUED TO THE RESPONDENTS TO - 4 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 COMPLY WITH REQUIREMENT OF RULE 13 OF KCS (CCA) RULES 1957 AND DIRECTED TO ISSUE ARTICLES OF CHARGE UNDER RULE 11 R/w RULE 13 OF KCS (CCA) RULES 1957 AGAINST THE PETITIONERS WHO ARE THE LEGAL HEIRS OF THE DECEASED SRI DODDABASAVAIAH AND FULLY ALLOW APPLICATION No-1762/2023 ON THE FILE OF THE KSAT FILED BY THE PETITIONERS BY GRANTING ALL CONSEQUENTIAL BENEFIT INCLUDING RELEASE OF DCRG COMMUTATION VALUE OF PENSION ETC AND TO REGULATE THE PERIOD OF SUSPENSION OF THE PETITIONER BETWEEN 23.05.2016 AND 14.03.2018 AS PER RULE 99 AND 100 KCSR AND GRANT ALL CONSEQUENTIAL BENEFITS. IN WP NO. 18396/2025 BETWEEN: 1. THE STATE OF KARNATAKA, REP.BY ITS SECRETARY, DEPARTMENT OF MINOR IRRIGATION GROUND WATER DEVELOPMENT, VIKASA SOUDHA, DR. AMBEDKAR BEEDHI, BANGALORE - 560 001. 2. THE STATE OF KARNATAKA, BY ITS ADDL. CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001. 3. THE CHIEF ENGINEER, MINOR IRRIGATION (NORTH) - 5 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 JALANAGAR, VIJAYAPURA - 586 109. 4. THE PRINCIPAL DIRECTOR, KARNATAKA STATE AUDIT AND ACCOUNTS DEPARTMENT, 3RD FLOOR, TTMC, A BLOCK, BMTC, SHANTHINAGAR, BENGALURU - 560 027. 5. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, MINOR IRRIGATION DEPARTMENT, KUSTAGI, KOPPAL DISTRICT - 583 277. 6. THE ACCOUNTANT GENERAL IN KARNATAKA, (A AND E), BENGALURU - 560 001. ...PETITIONERS (BY SRI. VIKAS ROJIPURA, AGA) AND: 1. SRI DODDABASAYYA, AGED ABOUT 65 YEARS, S/O. LATE SRI.SHANKARAIAH, RETIRED AS ACCOUNTS SUPERINTENDENT, (RETIRED ON 30.06.2018), OFFICE OF THE DEPUTY DIRECTOR, LOCAL AUDIT CIRCLE, 1ST FLOOR, ANUSHREE COMPLEX, COLLEGE ROAD, MADIKERI - 571 201. R/AT C/O SRI CHANNAYYA HIREMATH, NO.311, 'A'BLOCK, ARONI GARDEN, JAKKUR MAIN ROAD, NEHRU NAGAR, YELAHANKA-560 064, BENGALURU URBAN DISTRICT SINCE DECEASED BY HIS LRS SMT. PUSHPAVATHI, - 6 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 1(a). AGED ABOUT 58 YEARS, W/O. LATE SRI DODDABASAYYA, R/AT C/O. SRI. CHANNAYYA HIREMATH, NO.311, 'A' BLOCK, ARONI GARDEN, JAKKUR MAIN ROAD, NEHRU NAGAR, YELAHANKA - 560 064, BENGALURU URBAN DISTRICT. 1(b). SMT.H.NEERAJA, AGED ABOUT 37 YEARS, D/O. LATE SRI DODDABASAIAH, W/O. SRI. MAHESH, R/AT NO.LIG-86, NIJALINGAPPA COLONY, WARD NO.5, RAICHUR - 584 101. 1(c). SMT.H.NIKHILA, AGED ABOUT 34 YEARS, D/O LATE SRI DODDABASAIAH, W/O SRI. CHANNAIAH HIREMATH, R/AT HOUSE NO.21, WARD NO.2B, B. NAGAR, KUSTAGI, KOPPALA DISTRICT - -583 277. 1(d). SMT.H.NIROSHA, AGED ABOUT 31 YEARS, D/O LATE SRI DODDABASAIAH, W/O SRI. AMARESH, H.NO.1-5-169, 1ST CROSS, CBS EXTENSION, NEAR SHANKAR MUTT, JAYANAGARA, GANGAWATHI, KOPPAL DISTRICT-583 227 ...RESPONDENTS (BY SRI.R. NAVEEN KUMAR & SRI RAJASHEKAR, ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLES - 7 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE HONBLE KSAT BENGALURU IN A.No- 1762/2023 BY THE ORDER DATED 02.11.2023 VIDE ANNEXURE-A. THESE PETITIONS ARE 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 ORAL ORDER (PER: HON'BLE MR. JUSTICE T.M.NADAF) These two petitions are filed under Articles 226 and 227 of the Constitution of India in W.P.No.13256/2024 by the legal representatives of Delinquent Government Officer ['DGO' for short] and W.P.No.18396/2025 by the State and its Authorities, calling in question the order dated 02.11.2023, in Application No.1762/2023 passed by the Karnataka State Administrative Tribunal at Bengaluru ['Tribunal' for short]. - 8 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 2. The Tribunal by the impugned order allowed the application in part, set-aside the order dated 11.04.2023 passed by the second respondent [Annexure-A25], but remanded the matter to the disciplinary authority to comply the requirements of Rule 13 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 ['CCA Rules, 1957' for short], to pass necessary orders under the said provision, and then to issue show cause notice along with Articles of Charge under Rule 11 R/w Rule 13 of CCA Rules, 1957, in a time bound manner. 3. The parties are referred to as per their rankings before the Tribunal. 4. The brief factual matrix leading to filing of this petition are as under: While the deceased DGO-original applicant before the Tribunal was working as Accounts - 9 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 Superintendent in the office of fifth respondent, certain piece works were undertaken in Kustagi Sub- division between October 2015 and January 2016. The deceased DGO said to have approved the estimates of such works, though no such work has been executed in reality. 5. An individual show cause notice along with Articles of Charge came to be issued against the deceased DGO. Thereafter, a joint enquiry was held, but individual enquiry report submitted before the Disciplinary Authority, resulting in passing of the order dated 11.04.2023 vide Annexure-A25, imposing penalty of withholding the entire pension under Rule 214(1)(a) and impounding other benefits under Rule 214(1)(b) of KCSRs and also directing fourth respondent to institute a civil suit for recovery of a sum of Rs.1,92,39,054/-, exclusive of amounts already adjusted out of pensionary benefits stated - 10 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 supra, as the deceased DGO retired from service, on attaining the age of superannuation on 30.06.2018. 6. Aggrieved by the order of punishment, the deceased DGO, approached the Tribunal in Application No.1762/2023, contending that though an individual charge sheet has been issued, subsequently the Government by means of order dated 05.06.2017, appointed enquiry officer to hold a joint enquiry. Though the individual enquiry report has been submitted, but in fact the enquiry was held jointly and common witnesses have been examined and the same is also visible in the individual enquiry report. It is further urged that the entire process of holding joint enquiry gets vitiated in view of the settled position of law. 7. The respondent-State and its authorities accepting the notice in Application No.6307/2022, supported the enquiry as well as the order passed thereafter imposing penalty. - 11 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 8. During the pendency of the application, the original applicant-DGO died and his legal representatives are brought on record to prosecute the application. 9. The Tribunal having heard the rival contentions was of the opinion that once an individual show cause notice coupled with Articles of Charge is issued, converting the enquiry proceedings into joint proceedings thereafter under Rule 13 of CCA Rules, 1957 is impermissible in law. Having come to such conclusion, the Tribunal allowed the application in part, setting aside the order, but the Tribunal considering the amount involved, remanded the matter to the disciplinary authority to comply with requirements under Rule 13 of CCA Rules, 1957, after passing appropriate order under the said provision and issue show cause notice coupled with Articles of charge thereafter and hold enquiry in terms of applicable provisions under CCA Rules, - 12 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 1957, in a time bound manner. It is this order passed by the Tribunal, which is called in question by the legal representatives of the deceased DGO as well as State and its authorities in the present writ petitions. 10. Sri.Naveen Kumar.R and Sri.Rajshekar.P, learned counsel appearing for petitioner as well as Sri.Vikas Rojipura, learned Additional Government Advocate are heard. 11. This petition is by the legal representatives of the deceased applicant on the premise that in view of the death of deceased-DGO, the proceedings gets abated and no further proceedings could be initiated against the deceased DGO. To that extent, the order requires to be reconsidered. 12. So far as the State and its authorities are concerned, the Tribunal has committed an error in setting aside the order on the premise that it is a - 13 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 joint enquiry. The Tribunal has failed to consider the individual report filed in each case in terms of the individual show cause notice coupled with Articles of Charge issued. In these circumstances, the same cannot be termed as joint enquiry as considered by the Tribunal and the order in its entirety is challenged. 13. Sri.R.Naveen Kumar, learned counsel for the petitioner in W.P.No.13256/2024 placed on record the order passed by the Co-ordinate Bench of this Court at Dharwad Bench in W.P.No.107000/2024 and other connected matters disposed of on 03.11.2025, to contend that on the same set of facts in respect of other delinquent Government officials, the Co-ordinate Bench has given a finding that the enquiry, which was commenced as an individual enquiry and subsequently converted into joint enquiry under Rule 13 of CCA Rules, 1957 is impermissible in law. The - 14 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 Co-ordinate Bench of this Court has held that though the individual Articles of charge, all dated 28.02.2017, were issued to the delinquent Government officials, but vide Government order dated 05.06.2017 (Annexure-A8), an enquiry officer was appointed to hold a joint enquiry. 14. The Co-ordinate Bench has observed that mere referring to Rule 13 of CCA Rules in the preamble of the Government Order would not be sufficient. The Government shall indicate the criteria enumerated under Rule 13 of the CCA Rules. In these circumstances, the Government Order dated 05.06.2017 cannot be considered as an order passed under Rule 13 of the CCA Rules. Further, the Co- ordinate Bench has observed that the contention of the State in the said petitions that the respondents- delinquent Government officials have not raised any objection and they have participated in the proceedings is unsustainable, in view of settled - 15 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 position of law that, if initiation of proceedings itself is contrary to Rules, the same cannot be held against the respondents. Observing further held that if the initiation of enquiry itself is bad, it vitiates the entire proceedings. 15. Having come to the said conclusion the Co-ordinate Bench has disposed of the writ petitions, affirming the view taken by the Tribunal for setting aside the impugned order and remanding the matter, but set-aside the further direction of the Tribunal to regulate period of suspension and to pay consequential benefit. 16. For easy reference, the Order passed by the Co-ordinate Bench of this Court in the aforementioned writ petition, in paragraph Nos.9 to 12 are extracted as under: "9. A reading of the above Rule makes it abundantly clear that when two or more government servants are involved in a case, the government or any other authority competent to impose penalty may make an order directing that the disciplinary action against all of them may be - 16 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 taken in a common proceeding. In other words, the government shall have to pass an order directing disciplinary action against all government servants in a common proceeding, which would mean that initiation of enquiry itself shall be joint. It is settled position of law that enquiry is said to be initiated on issuance of Articles of Charge or the Charge Memo. Therefore, even before issuance of the charge memo, the Disciplinary Authority is required to pass an order under Rule 13 initiating joint inquiry. The order directing disciplinary action in a common proceeding shall specify the Disciplinary Authority in respect of all the government servants involved in the case and the procedure to be followed in such common proceedings as indicated in sub - Rule 2 of Rule 13 of the CCA Rules. 10. In the instant case, admittedly, individual Articles of Charge, all dated 28.02.2017 were issued to respondent No.1 in the above writ petitions. Thereafter, Annexure-A8 Government Order dated 05.07.2017 is issued appointing an Inquiry Officer to conduct an inquiry against all the government servants involved. 11. In the preamble of the Government Order at Annexure-A8, Rule 13 of the CCA Rules is referred. Mere referring of Rule 13 would not be sufficient. The Government Order shall indicate the criteria enumerated under Rule 13 of the CCA Rules. The Government Order dated 05.06.2017 cannot be considered as an order passed under Rule 13 of CCA Rules. The contention that the respondents have not raised any objection and they have participated in the proceedings is unsustainable. It is settled position of law that if initiation or procedure followed itself is contrary to the Rules, the same cannot be held against the respondents. If the initiation of inquiry itself is bad, it vitiates the entire proceedings. 12. Insofar as the direction issued by the Tribunal in Application Nos.10323, 10324 and 10326 of 2023 directing to treat the period of suspension as period on duty and to pay consequential benefits is concerned, it requires to be set aside. When the Tribunal has granted liberty to the Disciplinary Authority to proceed with the inquiry, on compliance of Rule 13 of the CCA Rules, - 17 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 treating of suspension period as period on duty and payment of all consequential benefits would depend on the outcome of the inquiry to be conducted by the Disciplinary Authority. Accordingly, the direction of the Tribunal to regulate period of suspension and to pay consequential benefit is set aside." 17. In view of the order passed by the Co- ordinate Bench of this Court, nothing survives further for consideration in the petition filed by the State. Insofar as the petition by the legal representatives of the deceased DGO is concerned, the Departmental enquiry cannot be held against a dead person and the same abates upon death. 18. In view of the same, the further direction of the Tribunal, remanding the matter to hold enquiry afresh in terms of Rule 13 of CCA Rules, 1957 and issuance of Articles and Charge would be a futile exercise. In view of the same, the said direction is set aside. Accordingly, we proceed to pass the following: ORDER i. W.P.No.18396/2025 filed by the State Government sans merit and is dismissed. - 18 - HC-KAR NC: 2025:KHC:54700-DB WP No. 13256 of 2024 C/W WP No. 18396 of 2025 ii. W.P.No.13256/2024 filed by the legal representatives of deceased DGO is allowed, setting aside the direction of the Tribunal remanding the matter for holding enquiry afresh, as the same gets abated in view of death of the deceased DGO. iii. The Government and its authorities are directed to settle the monetary benefits entitled in law to the legal representatives within a period of three months from the date of receipt of copy of this order. In view of disposal of Writ Petitions, pending I.A's if any stand disposed of. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 2