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2026 DAILYLAW 31004 (KAR)

SRI BASAVARAJU PARADDI v. STATE OF KARNATAKA

WP/20003/2026 · 2026-07-20

K Manmadha Rao, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010439482026 NC: 2026:KHC:37072-DB WP No. 20003 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 20003 OF 2026 (S-KSAT) BETWEEN: SRI BASAVARAJU PARADDI S/O LATE SHANMUKHAPPA AGED ABOUT 63 YEARS SUPERANNUATED FROM SERVICE AS ASSISTANT REGIONAL TRANSPORT OFFICER DEPARTMENT OF TRANSPORT R/AT NO.145, ASHIRWAD ROYAL PLACID, PHASE - 1, 5TH MAIN, 2ND CROSS, HARALUR, BENGALURU-560 102. …PETITIONER (BY SRI. P S RAJAGOPAL, SR. COUNSEL A/W SRI JAYANTH DEV KUMAR, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU- 560 001. 2. COMMISSIONER OF TRANSPORT 1ST FLOOR, 'A' BLOCK TTMC BUILDING, SHANTHINAGAR BENGALURU - 560 037. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA) Digitally signed by NANJUNDACHARI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010439482026 NC: 2026:KHC:37072-DB WP No. 20003 of 2026 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO APPLICATION NO.2524 OF 2026, BEFORE THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AND (A) QUASH ORDER DATED 29.04.2026 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO.2524 OF 2026, (UNDER ANNEXURE-A), IN SO FAR AS IT REJECTS THE INTERIM PRAYER SOUGHT BY THE APPLICANT, AND GRANT ALL CONSEQUENTIAL RELIEFS AND ETC. 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 DR. JUSTICE K.MANMADHA RAO ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned senior counsel Sri.P.S.Rajagopal for Sri.Jayanth Dev Kumar, learned counsel for the petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondents. Perused the entire writ petition papers. 2. The petitioner is before this Court aggrieved by the non-grant of interim order of stay of articles of charge dated 12.08.2025 (Annexure-A12) in Application No.2524/2026 on the file of the Karnataka State - 3 - HC-KAR CNR: KAHC010439482026 NC: 2026:KHC:37072-DB WP No. 20003 of 2026 Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’). 3. Learned senior counsel for the petitioner would submit that the petitioner retired from service on attaining the age of superannuation on 31.05.2023 whereas the articles of charge dated 12.08.2025 is issued in respect of an event which had taken place between 29.06.2017 to 21.05.2018 and 10.08.2018 to 26.08.2019. Learned senior counsel would submit that in terms of Rule 214(2)(b)(ii) of the KCSRs, the enquiry initiated beyond four years from the date of retirement of the petitioner is barred by limitation. Further, learned senior counsel would submit that the articles of charge is in respect of joint enquiry and that in an identical charge memo issued to one Sri.C.R.Jayanna, the Tribunal granted stay of the articles of charge in Application No.4401/2025. However, in the present application, refusing to stay the charge memo - 4 - HC-KAR CNR: KAHC010439482026 NC: 2026:KHC:37072-DB WP No. 20003 of 2026 observed that it is open for the petitioner to take such contention before the Enquiry Officer. 4. Learned Additional Government Advocate on the other hand would submit that, let the Tribunal decide the question of limitation and prays for passing appropriate order. 5. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are of the considered view that the Tribunal failed to appreciate the prima facie case made out by the petitioner. 6. Admittedly, the petitioner retired from service on attaining the age of superannuation on 31.05.2023, whereas the articles of charge is dated 12.08.2025 relating to an incident alleged to have taken place between 29.06.2017 to 21.05.2018 and 10.08.2018 to 26.08.2019. - 5 - HC-KAR CNR: KAHC010439482026 NC: 2026:KHC:37072-DB WP No. 20003 of 2026 7. Prima facie, we find that the incident on which the alleged articles of charge is issued is beyond four years from the date of petitioner’s retirement i.e., on 31.05.2023. However, it is for the Tribunal to consider the said contention on filing of reply statement by the respondent-State. In the above factual position, we are of the opinion that the petitioner has made out a prima facie case. Moreover, the Tribunal is said to have granted interim order to Co-DGO in Application No.4401/2025 (Sri.CR.Jayanna vs. The State of Karnataka) 8. Taking note of the above, we pass the following: ORDER a) Writ petition is allowed. b) Impugned order dated 29.04.2026 in Application No.2524/2026 is set aside. - 6 - HC-KAR CNR: KAHC010439482026 NC: 2026:KHC:37072-DB WP No. 20003 of 2026 c) There shall be stay of articles of charge bearing No.nr 71 nrJ¸ï 2024 dated 12.08.2025 (Annexure-A12) during the pendency of the Application before the Tribunal. d) All contentions of the parties are left open. Sd/- (S.G.PANDIT) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE NC CT:bms List No.: 1 Sl No.: 12