- 1 - HC-KAR NC: 2026:KHC:12475-DB WP No. 31033 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 31033 OF 2024 (S-KSAT) BETWEEN: THE REGISTRAR KARNATAKA LOKAYUKTA, M.S.BUILDING, BENGALURU-560 001. …PETITIONER (BY SRI. MADHU KIRAN JAGGA, ADV. SRI JOSEPH ANTHONY, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BANGALORE-560001. 2. THE REGIONAL COMMISSIONER 2ND FLOOR, BMTC BUILDING, SHANTHINAGAR, K.H. ROAD, BANGALORE -560027. 3. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA-577501. 4. THE PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, BANGALORE-560001. 5. THE TAHSILDAR HIRIYUR TALUK HIRIYUR, CHITRADURGA DISTRICT-577598. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12475-DB WP No. 31033 of 2024 6. KARAMATHULLA AGED ABOUT 64 YEARS, S/O. LATE. MOHAMMED KHASIM SAB, RETIRED DEPUTY TAHSILDAR, R/AT ANNAPOORNESHWARI TEMPLE ROAD, NEAR TALUK OFFICE, HIRIYURU, CHITRADURGA DISTRICT-577598. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA FOR R1 RO R5) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE KSAT BENGALURU IN A.NO.1007/2018 DATED 18.09.2020 (ANNEXURE-B) BY ISSUING APPROPRIATE WRIT ORDER OR DIRECTION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K.V. ARAVIND) This writ petition is filed by the Karnataka Lokayukta challenging the order dated 18.09.2020 passed in Application No.1007/2018 by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’). 2. The respondent No.6 filed an application before the Tribunal seeking to quash Annexure-A4, the order of entrustment dated 13.11.2014, and Annexure-A5, the enquiry - 3 - HC-KAR NC: 2026:KHC:12475-DB WP No. 31033 of 2024 report dated 21.04.2017, and also seeking a direction to release the DCRG and the commuted value of pension along with interest. 2.1 The Tribunal, upon considering that the articles of charge were issued beyond four years from the date of retirement and were therefore barred under Rule 214(2)(b)(ii) of the Karnataka Civil Service Rules (KCSRs), set aside the order of entrustment and the enquiry report, and directed the authorities to disburse the DCRG and the commuted value of pension within three months. 2.2 The order of the Tribunal is dated 18.09.2020, whereas the present writ petition has been filed on 15.11.2024. 3. Sri Madhu Kiran Jagga, learned counsel appearing for Sri Joseph Anthony, learned counsel for the petitioner, submits that the order of the Tribunal is not sustainable. Learned counsel further submits that the Tribunal has interfered even before the penalty order could be passed on the basis of the enquiry report. It is therefore contended that the interference by the Tribunal is premature. - 4 - HC-KAR NC: 2026:KHC:12475-DB WP No. 31033 of 2024 4. Sri V. Shivareddy, learned Additional Government Advocate appearing for respondent Nos.1 to 5, supports the submissions made by the learned counsel for the petitioner. 5. Having considered the submissions of the learned counsel for the petitioner and the learned Additional Government Advocate for respondent Nos.1 to 5, it is to be noticed that respondent No.6 retired from service on 31.03.2014, whereas the articles of charge were issued on 18.08.2015. The incident in respect of which the articles of charge were issued pertains to the year 2011. The Tribunal, having regard to the aforesaid dates, has rightly held that the enquiry is not permissible in view of Rule 214(2)(b)(ii) of the KCSRs. 6. Upon considering the above aspects, this Court is also of the view that the enquiry is not permissible in view of Rule 214(2)(b)(ii) of the KCSRs, and the Tribunal is justified in setting aside the order of entrustment and the enquiry report, and in further directing the release of the DCRG and the commuted value of pension. - 5 - HC-KAR NC: 2026:KHC:12475-DB WP No. 31033 of 2024 7. We are not inclined to entertain this petition for the additional reason that the order of the Tribunal is dated 18.09.2020, whereas the present writ petition has been filed on 15.11.2024, after a lapse of four years. The writ petition does not furnish any explanation for the delay in filing the present petition. 8. In the light of the above, this writ petition is devoid of merits. The present petition cannot be entertained on the ground of delay and laches also. 9. For both the aforesaid reasons, the writ petition stands dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 13