- 1 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 44920 OF 2014 (GM-KLA) C/W WRIT PETITION NO. 44921 OF 2014 (GM-KLA) IN WP No. 44920/2014 BETWEEN: 1. SRI B T RAMESH S/O.LATE B.H.THAMMAIAH, AGED ABOUT 61 YARS, RETIRED CHIEF ENGINEER AND IN-CHARGE ENGINER-IN-CHIEF, RESIDING AT NO.702, 9TH MAIN, 3RD BLOCK, 3RD STAGE, BASAVESHWARANGAR, BANGALORE-560079. …PETITIONER (BY SRI. M.S.BHAGAWAT, SENIOR COUNSEL FOR SRI. LOKESH M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BANGALORE-560001. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 2. THE REGISTRAR KARNATAKA LOKAYUKTHA, M.S.BYILDING, BANGALORE-560001. 3. SMT SHANTHI GANESH W/O.K.GANESHAN, NO.181, BEHIND MASQUE, RMV 2ND STAGE, ASHWATHANAGAR, BANGALORE-560095. 4. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560001. …RESPONDENTS (BY SMT. PRATHIBHA.R.K., ADDITIONAL GOVERNMENT ADVOCATE FOR R-1; SRI. VENKATESH.S.ARABATTI, ADVOCATE FOR R-2; SRI. UNNIKRISHNAN M., ADVOCATE FOR R-3; SRI. B.S.SREENIVAS, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS PERTAINING TO THE IMPUGNED REPORT DATED:8.10.2013 (ANNEXURE-A) AND THE CONSEQUENTIAL ORDER DATED:28.7.2014 (ANNEXURE-B), ETC. IN WP NO. 44921/2014 BETWEEN: 1. SRI B G PRAKASH KUMAR S/O.B.R.GOPALGOWDA, AGED ABOUT 59 YEARS, RESIDING AT NO.139, 10TH MAIN, B.C.C. LAYOUT, BANGALORE-560040. ...PETITIONER (BY SRI. M.S.BHAGWAT, SENIOR COUNSEL FOR SRI. LOKESH M., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE REGISTRAR KARNATAKA LOKAYUKTHA, M.S. BUILDING, BANGALORE-560001. 3. SMT SHANTHI GANESH W/O.K.GANESHAN, NO.181, BEHIND MASQUE, RMV 2ND STAGE, ASHWATHANAGAR, BANGALORE-560095. ...RESPONDENTS (BY SMT. PRATHIBHA R.K., ADDITIONAL GOVERNMENT ADVOCATE FOR R-1; SRI. VENKATESH S.ARABATTI, ADVOCATE FOR R-2; SRI. UNNIKRISHNAN.M., ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS PERTAINING TO THE IMPUGNED REPORT DATED:8.10.2013 (ANNX-A) AND THE CONSEQUENTIAL ORDER DATED:28.7.2014 (ANNX-B), ETC. THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 4 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) In W.P.No.44920/2014 The present two writ petitions have been filed by the retired Chief Engineer and retired Assistant Executive Engineer of the Bruhat Bengaluru Mahanagara Palike (for short 'the BBMP'). 2. A resolution dated 26.02.2009 was passed by the BBMP for widening existing 20 ft. wide road from M.S.Ramaiah road to Dr. Rajgopal road to 80 ft. wide road. The land for carrying out the widening of the road pursuance to the resolution dated 26.02.2009 was acquired. It appears that the compensation was also paid however, the possession of houses/buildings were not taken. 3. In exercise of the power conferred under Section 14 (b) of the Karnataka Town and Country Planning Act, 1961 (for short 'the KTCP Act'), the BBMP has issued notification dated 01.07.2008 calling upon the owners of the property situated in Sy.No.35/3, 40/2 of Geddalahalli Village, coming within purview of the above said road, to apply for grant of transferable - 5 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 development rights (TDR) to the Commissioner of BBMP. The third respondent's house was also situated within the land acquired. However, the said house was not vacated by them for widening of the road. The third respondent and her husband did not accept the compensation and they had approached this Court in W.P.No.24814/2009. They had alleged that they were illegally dispossessed from their land and a portion of the building had been illegally demolished. 4. This Court had allowed the petition and directed the BBMP to pay compensation of Rs.8,00,000/- to the third respondent as planned by the BBMP which was duly paid. It also transpires that besides filing Writ Petition No.24814/2009 before this Court, the third respondent has also approached the Hon'ble Lokayuta on 20.05.2009 alleging the dereliction of duties against Y. M. Muniraju, Assistant Executive Engineer and Sri. H.P.Ramesh, Assistant Engineer and no compliant was filed against the petitioners. 5. Learned Lokayuta conducted enquiry and submitted the report on 08.10.2013 under Section 12(3) of the Karnataka Lokayukta Act, 1984 with a recommendation to initiate the - 6 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 departmental disciplinary proceedings against the 5 officials including the petitioners and the then Additional Commissioner of BBMP. At this stage, the writ petitions came to be filed and interim order was granted on 19.09.2014. When the interim order was operating in favour of the petitioners, the charge memo has been issued against the petitioners on 26.11.2014. The charge memo reads as under: KARNATAKA LOKAYUKTA No. LOK/INQ/14-8/463/2014 M.S. Building, Dr. B.R.Ambedkar Veedhi, Bangalore, dtd:26/11/2014. ARTICLES OF CHARGE Sub: Departmental enquiry against 1) Sriramareddy, the then Additional Commissioner, BBMP, Bangalore, 2) B.T.Ramesh, the then Chief Engineer (now retired), BBMP, Bangalore, 3) Prakash Kumar, Executive Engineer, BBMP, Bangalore, 4) Y.A.Muniraju, Assistant Executive Engineer, BBMP, Bangalore and 5) H.P.Ramesh, Assistant Engineer, BBMP, Bangalore - reg., Ref: 1) Order No. £ÀCE 612 JAJ£ïAiÀÄÄ 2013, ¨ÉAUÀ¼ÀÆgÀÄ, ¢:21-07-2014 ºÁUÀÆ 28-07-2014. 2) Nomination Order No:LOK/INQ/14- A/463/2014, dtd:14/08/2014 of Hon'ble Lokayukta, Bangalore. ****** Whereas by virtue of the Government order No. £ÀCE 612 JAJ£ïAiÀÄÄ 2013, ¨ÉAUÀ¼ÀÆgÀÄ, ¢:21-07-2014 ºÁUÀÆ 28-07- - 7 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 2014, the Disciplinary Authority i.e., the Urban Development Department, Government of Karnataka, Bangalore having ordered for holding departmental enquiry against you 1) Sriramareddy, the then Additional Commissioner, BBMP, Bangalore, 2) B.T.Ramesh, the then Chief Engineer (now retired), BBMP, Bangalore, 3) Prakash Kumar, Executive Engineer, BBMP, Bangalore, 4) Y.A.Muniraju, Assistant Executive Engineer, BBMP, Bangalore and 5) H.P.Ramesh, Assistant Engineer, BBMP, Bangalore (hereinafter referred to as Delinquent Government Officials, in Short "DGO Nos.1 to 5") has entrusted the matter to Hon'ble Lokayukta for holding inquiry and whereas Hon'ble Lokayukta vide his order in No.LOK/INQ/14-A/463/2014, Bangalore, dated:14/08/2014 has nominated Additional Registrar of Enquiries-7, Karnataka Lokayukta, Bangalore as Inquiry Officer for framing charge and conduct Inquiry against you. Therefore, I, Narayana V. Hegde, Additional Registrar of Enquiries-7, Karnataka Lokayukta, Bangalore do hereby charge you as follows: ANNEXURE-I CHARGE: That you-DGO Nos.1) Sriramareddy, the then Additional Commissioner, BBMP, Bangalore, 2) B.T.Ramesh, the then Chief Engineer (now retired), BBMP, Bangalore, 3) Prakash Kumar, Executive Engineer, BBMP, Bangalore, 4) Y.A.Muniraju, Assistant Executive Engineer, BBMP, Bangalore and 5) H.P.Ramesh, Assistant Engineer, BBMP, Bangalore while discharging your duties: You - DGO Nos.1 to 5 are responsible for illegal demolition of the part of the house of the complainant and caused loss of Rs.8.00 lakhs to the complainant which was paid by the BBMP to the complainant as per the direction of Hon'ble High Court of Karnataka in W.P.No.24814/2009 and thereby you have committed dereliction of duty which amounts to misconduct. and thereby you failed to maintain absolute integrity and devotion to duty and committed an act which is unbecoming of Government Servants and thus - 8 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 you are guilty of misconduct under Rule 3(1)(i) to (iii) of KCS (Conduct) Rules 1966. Sd/-26/11/14 (Narayana V. Hegde) Additional Registrar (Enquiries-7), Karnataka Lokayukta, Bangalore. 6. From the contents of the charge it is evident that the allegations against the petitioners and three others is with regard to illegal demolition of the part of the house of the third respondent which resulted loss of sum of Rs.8,00,000/- to the BBMP for making payment of compensation. The initiation of the departmental proceedings by issuing charge memo dated 26.11.2014 as well as the report submitted by the Lokayukta under Section 12(3) which is under challenge in this writ petition. 7. In W.P.No.44920/2014, the submission is that the initiation of the departmental proceedings by issuing Articles of charge dated 26.11.2014 is barred under Rule-214(2)(b)(ii) of the Karnataka Civil Service Rules, 1957 (for short 'the KCSR Rules') which provides that the departmental proceedings, if not instituted while the Government servant was in service, - 9 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 shall not be initiated in respect of any event which took place more than four years before the such institution. 8. In the present case, the demolition took place in the year 2009 however, the charge memo was issued on 26.11.2014 in pursuance of the report submitted by the Hon'ble Lokayukta on 08.10.2013. 9. Sri. Venkatesh.S.Arabatti, learned counsel appearing for the Hon'ble Lokayukta submits that as per sub-rule 6 of Rule 214 of the KCSR Rules, the departmental proceedings are deemed to be instituted on the date on which the statement of charges was issued to the Government servants. The submission is that the charge memo was issued on 26.11.2014 and that should be the date of initiation of proceedings and if we consider the date of the order of payment of compensation to the complainant which is on 06.06.2012, the initiation of proceedings against the petitioner in Writ Petition No.44920/2014 is well within the jurisdiction/time. The allegation is regarding illegal demolition, which led to payment of the compensation. - 10 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 10. Having considered these submissions and perusal of the record we are of the considered view that the incident is of the year 2009 and not of 2014. Therefore, as the date of incident is of 2009 the issuance of the charge memo dated 26.11.2014 falls outside four years' limitation as prescribed under Rule 214(2)(b)(ii). Therefore, we allow the Writ Petition No.44920/2014 on this short ground and set aside the charge memo dated 26.11.2014, however, without cost. IN W.P.No.44921/2014 The Additional Commisioner of BBMP Sri. Sriramareddy, was one of the delinquent officer against whom common charge was issued, had approached the Central Administrative Tribunal against the submission of the report under Section 12(3) of the Hon'ble Lokayukta and the departmental proceedings which have been quashed against the Additional Commissioner of BBMP by the Central Administrative Tribunal. 2. We, therefore, find that allowing the proceedings against the present petitioner where the said charge has been quashed against one of the delinquent officers would not be justified and therefore, allow this writ petition on this short - 11 - HC-KAR NC: 2025:KHC:33509-DB WP No. 44920 of 2014 C/W WP No. 44921 of 2014 ground and set aside the proceedings insofar as the petitioner is concerned. 3. Accordingly, writ petitions stand allowed, however, without cost. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RKA List No.: 1 Sl No.: 33