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2025 DAILYLAW 78674 (KAR)

SRI BASAVARAJ S PUTHANI v. THE STATE OF KARNATAKA

WP/56242/2017 · 2025-11-20

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47958 WP No.56242 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.56242 OF 2017 (GM-KLA) BETWEEN: 1. SRI. BASAVARAJ S. PUTHANI S/O SANGAPPA PUTHANI RTD. TALUKA SOCIAL WELFARE OFFICER C/O KONNUR BUILDING, VIVEKANAND 2ND CROSS, GOKAK-591 307. …PETITIONER (BY SMT. MANJULA N. TEJASVI, ADVOCATE FOR SRI. RAGHAVENDRA L. MISKIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE UPA-LOKAYUKTA-1 REPRESENTED BY ITS REGISTRAR, M.S.BUILDING, DR. B.R.AMBEDKAR ROAD, BENGALURU - 560 001. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47958 WP No.56242 of 2017 3. THE ADDITIONAL REGISTRAR ENQUIRY NO.8, KARNATAKA LOKAYUKTA, M.S. BUILDING, DR. B.R.AMBEDKAR ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. VENKATESH S. ARABATTI, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GOVERNMENT ORDER NO.Sa.K.E.156.P.K.Se DATED 09.09.2016 ISSUED RESPONDENT NO.1 IN ANNEXURE-A; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioner has challenged the Government Order dated 09.09.2016 (Annexure–A) issued by respondent No.1 and has also - 3 - HC-KAR NC: 2025:KHC:47958 WP No.56242 of 2017 sought quashing of the Articles of Charge dated 06.02.2017 (Annexure–B) issued by respondent No. 2. 3. Having taken note of the submissions made by the learned counsel for the parties, it is seen that the respondent-authorities have initiated disciplinary enquiry proceedings against the petitioner in respect of an event/incident that occurred during the year 2007–08 (Annexure–C). It is also not in dispute that the petitioner attained superannuation on 30.11.2015. In view of these facts, and considering the provisions contained in Rule 214(2)(b)(ii) of the Karnataka Civil Services Rules, the respondents are not empowered to initiate any enquiry against the petitioner after a period of four years from the date of the alleged incident. Therefore, the impugned action is clearly unsustainable, and the writ petition deserves to be allowed. In the result, I pass the following: - 4 - HC-KAR NC: 2025:KHC:47958 WP No.56242 of 2017 ORDER i. The writ petition is allowed. ii. The Government Order dated 09.09.2016 (Annexure–A) issued by respondent No. 1 is hereby set aside. iii. The Articles of Charge dated 06.02.2017 (Annexure–B) issued by respondent No. 3 is hereby set aside. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 27