Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:31127-DB WP No. 23602 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 23602 OF 2023 (S-KSAT) BETWEEN:
SRI. R.JAGADEESHA S/O D K RAMASWAMY, AGED 64 YEARS R/A AT 415/B, LEVEN HILL VIEW 1ST FLOOR,7TH MAIN HANUMANTHA NAGAR BENGALURU – 560 019 …PETITIONER (BY SRI. ANUPARNA BORDOLOI.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU – 560 001
2.
THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001
3.
THE HON’BLE LOKAYUKTA REP BY ITS REGISTRAR M.S. BUILDING
Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:31127-DB WP No. 23602 of 2023
DR AMBEDKR VEEDHI BENGALURU – 560 001
4.
THE ADDITIONAL REGISTRAR OF ENQUIRES 2 KARNATAKA LOKAYUKTA MS BUILDING DR AMBEDKAR VEEDHI BENGALURU – 560 001. …RESPONDENTS (BY SRI. HARISHA. A.S., AGA FOR R1 & R2;
SRI. VENKATESH .S. ARABATTI, ADVOCATE FOR R3& R4)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER TO SET ASIDE THE IMPUGNED ORDER DATED 19/08/2021 PASSED IN APPLICATION NO.6858/2017 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL (ANNEXURE-A) AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER ALLOWING THE APPLICATION FILED BY THE PETITIONER IN A.NO.6858/2017 BEFORE THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AS PRAYED FOR THEREIN (ANNEXURE-B)
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The petitioner, a retired First Division Assistant is before this Court, under Article 226 of the Constitution of
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HC-KAR NC: 2026:KHC:31127-DB WP No. 23602 of 2023
India, questioning the
order dated 19.08.2021 in Application No.6858/2017 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short “Tribunal”), by which, the petitioner’s request or prayer to quash the Government Order dated 08.10.2013 entrusting enquiry to the 3rd respondent-Lokayukta and Articles of Charge dated 02.08.2016 is rejected.
2. Heard Smt.Anuparna Bordoloi, learned counsel for the petitioner, learned Additional Government Advocate for respondents No.1 and 2 and Sri.Venkatesh S Arbatti,
learned counsel for respondents No.3 and 4. Perused the entire writ petition papers.
3.
Learned counsel for the petitioner would submit that there is inordinate delay in concluding the enquiry. It is submitted that Articles of Charge was issued on 02.08.2016 which was modified on 01.08.2023. Till today, the Enquiry Officer has not concluded the enquiry by submitting the report. Further, it is submitted that written
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HC-KAR NC: 2026:KHC:31127-DB WP No. 23602 of 2023
arguments were filed by both the Presenting Officer as well as the counsel appearing on behalf of DGO. However, the matter is being adjourned from time to time for further hearing. Thus, it is prayed to direct to conclude the enquiry expeditiously or within a time frame.
4. Sri.Venkatesh S Arbatti,
learned counsel for respondents No.3 and 4 would submit that the enquiry is posted to 30.06.2026 for further hearing and if some reasonable time is granted, the Enquiry Officer would submit his report.
5. It is true that prolonged enquiry would prejudice the case of the delinquent official. Moreover, in the instant case, the petitioner has retired from service on attaining the age of superannuation in the year 2019. Therefore, it would be expedient to conclude the enquiry early. In the
facts and circumstances, taking note of the fact that the enquiry is commenced by issuing Articles of Charge in August 2016, we direct respondents No.3 and 4 to
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HC-KAR NC: 2026:KHC:31127-DB WP No. 23602 of 2023
conclude the enquiry and submit the report within
31.07.2026.
Accordingly, the writ petition stands
disposed of.
It is made clear that respondents No.3 and 4 shall not seek for further extension of time and even if asked, the Court would not consider the same .
It is also made clear that soon after the report is submitted, the same shall be forwarded to the Government for taking appropriate decision.
SD/- (S.G.PANDIT) JUDGE
SD/- (RAJESH RAI K) JUDGE MPK CT:RK List No.: 1 Sl No.: 21