- 1 - HC-KAR NC: 2025:KHC:34030-DB WP No. 6118 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 6118 OF 2023 (S-KSAT) BETWEEN: 1. SRI. C. NAGARAJ KAS S/O. LATE CHIKKANNA, AGED ABOUT 51 YEARS, PRIVATE SECRETARY TO THE HON'BLE MINISTER OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE - 560 001. …PETITIONER (BY SRI.R.SUBRAMANYA, ADVOCATE FOR SRI.R.SRINIVASA GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, HOUSING DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATION REFORMS, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34030-DB WP No. 6118 of 2023 VIDHANA SOUDHA, BANGALORE - 560 001. 3. THE COMMISSIONER KARNATAKA HOUSING BOARD, K.G. ROAD, CAUVERY BHAVAN, BANGALORE - 560 009. 4. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, K.G. ROAD, CAUVERY BHAVAN, BANGALORE - 560 009. …RESPONDENTS (BY SRI.V.SHIVAREDDY, AGA FOR R1 & R2; SMT. NAMITHA S., ADVOCATE FOR SRI.H.L.PRADEEP KUMAR, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 06.06.2022 PASSED IN C.A.SU.E.130 KEV 2019 PASSED BY RESPONDENT NO.2 VIDE ANNX-C AND SET ASIDE THE IMPUGNED ORDER OF DISMISSAL DTD 23.01.2023 PASSED A NO.2992/2022 ON THE FILE OF THE HONBLE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU VIDE ANNX-J AND ETC,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34030-DB WP No. 6118 of 2023 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.R.Subramanya, learned counsel for Sri.R.Srinivasa Gowda, learned counsel for the petitioner, Sri.V.Shivareddy, learned Additional Government Advocate for respondent Nos.1 and 2-State and Smt. Namitha S., learned counsel for Sri.H.L.Pradeep Kumar, learned counsel for respondent Nos.3 and 4 and perused the entire writ petition papers. 2. The petitioner was issued with charge memo dated 01.02.2021 (Annexure-A2) for an incident which had taken place while working as Special Land Acquisition Officer, Karnataka Housing Board. Questioning the said charge memo, the petitioner was before the Karnataka State Administrative Tribunal, Bengaluru (for short 'the Tribunal') in Application No.2992/2022 on various grounds. The Tribunal dismissed the application under - 4 - HC-KAR NC: 2025:KHC:34030-DB WP No. 6118 of 2023 impugned order dated 23.01.2023 holding that it is premature to go into the validity of Articles of Charge or otherwise. Questioning the said order of the Tribunal as well as the charge memo, the petitioner is before this Court in this writ petition. 3. This Court by order dated 16.10.2024 permitted disciplinary proceedings in respect of charge No.2 is concerned and accordingly to file enquiry report before this Court. However, the State Government proceeded to conduct the enquiry in respect of charge Nos.1 and 2. The Government Advocate has filed enquiry report dated 08.05.2025 wherein, the disciplinary authority has failed to prove the charge alleged against the petitioner. 4. Sri.R.Subramanya, learned counsel appearing for the petitioner would submit that the petitioner took charge of the post of Special Land Acquisition Officer, Karnataka Housing Board on 11.11.2013 whereas, the land acquisition pertains to the year 1990 and there were - 5 - HC-KAR NC: 2025:KHC:34030-DB WP No. 6118 of 2023 pending litigations. It is submitted that the petitioner has taken action immediately after disposal of the writ petition and has taken steps to pay the compensation. Further, it is submitted that the compensation is paid on 28.12.2016. Therefore, no action could have been initiated against the petitioner. Learned counsel would submit that no action is being taken against the previous officers, who were holding the post of Special Land Acquisition Officer, Karnataka Housing Board. Further, learned counsel would submit that the charge as against the petitioner is vague and it would not give any particulars. 5. However, learned counsel for the petitioner would not dispute the participation of the petitioner in the enquiry proceedings. 6. Now, when the enquiry proceedings has taken place and the enquiry report is in favour of the petitioner, we are not inclined to go into the merits or otherwise of the charge. As noticed above, the enquiry officer has - 6 - HC-KAR NC: 2025:KHC:34030-DB WP No. 6118 of 2023 submitted a report to the State Government, Disciplinary Authority. The State Government, Disciplinary Authority is required to take action in terms of Rule 11(A) of Karnataka Civil Service (Classification, Regulation and Appeal) Rules, 1957 (for short '1957 Rules'). Therefore, it would be appropriate to dispose of the present writ petition directing the respondent-State to take action in accordance with Rule 11(A) of 1957 Rules. 7. Learned counsel Sri.Subramanya would submit that the promotion of the petitioner is held up in view of pendency of the disciplinary proceedings since 2018 and as such, he prays for a direction to open the sealed cover. 8. Taking note of the above submission, the following: ORDER (i) Respondent Nos.1 and 2-State are directed to take action on the enquiry report dated 08.05.2025, which was - 7 - HC-KAR NC: 2025:KHC:34030-DB WP No. 6118 of 2023 submitted after conducting enquiry against the petitioner, under Rule 11(A) of 1957 Rules, within a period of four weeks and pass appropriate order. (ii) Depending on the order to be passed by respondent No.1, the first and second respondents are directed to open the sealed cover, procedure if followed, with regard to the petitioner's promotion to the next higher cadre, within four weeks thereafter to give effect to the decision. With the above observations, the writ petition stands disposed of. In view of disposal of the writ petition, the interlocutory application would not survive and it stands accordingly disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 12