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2026 DAILYLAW 39090 (KAR)

KARNATAKA LOKAYUKTA v. D P JAMMANAKATTI

WP/12561/2021 · 2026-09-08

Chillakur Sumalatha, S G Pandit

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Judgment text

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- 1 - HC-KAR CNR: KAHC010049302020 NC: 2026:KHC:48722-DB WP No. 12561 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 12561 OF 2021 (S-KSAT) BETWEEN: KARNATAKA LOKAYUKTA M.S. BUILDINGS DR. B R AMBEDKAR VEEDHI BANGALORE - 560 001 BY ITS REGISTRAR. …PETITIONER (BY SRI. K PRASANNA SHETTY, ADV.) AND: 1. D P JAMMANAKATTI AGED ABOUT 68 YEARS, S/O PARASAPPA EXECUTIVE ENGINEER (RETIRED) CTS NO.6544, SECTOR NO.10 ANJANEYA NAGAR, BELGAVI. 2. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVT. PUBLIC WORKS, PORTS, INLAND WATER TRANSPORT DEPARTMENT M.S. BUILDING BANGALORE - 560 001. 3. THE COMMISSIONER FOR TRANSPORT DELETED VIDE ORDER DATED 23.11.2024 …RESPONDENTS Digitally signed by NANJUNDACHARI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010049302020 NC: 2026:KHC:48722-DB WP No. 12561 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE KAT IN APPLICATION NO.5354/2016 DATED 11.07.2018 AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) This writ petition is directed against the impugned order dated 11.07.2018 in Application No.5354/2016 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short “Tribunal”), whereunder the Tribunal directed the State Government i.e., respondent No.2 to settle all pensionary benefits along with interest to the first respondent as on the date of filing the application. The respondent was aged about 65 years as on the date of filing application before the Tribunal. As on this date, the respondent is nearly 75 years of age. The order of Tribunal is dated 11.07.2018 whereas the writ petition was - 3 - HC-KAR CNR: KAHC010049302020 NC: 2026:KHC:48722-DB WP No. 12561 of 2021 filed on 24.01.2020 nearly after 1½ years from the date of passing of the order by the Tribunal. 2. Be that as it may, it is seen that the disciplinary proceedings against the respondent was initiated in the year 2011 in respect of misconduct alleged to have committed by the respondent during the period 1993-94. The enquiry was not completed and it prolonged for a very long period. However, in the meanwhile, the respondent had retired from service on attaining the age of superannuation on 30.04.2012. In the year 2016, the respondent approached the Tribunal praying for settlement of pensionary benefits as the departmental enquiry was not completed and it was prolonged for very long. 3. Taking note of the same, the Tribunal rightly directed the second respondent to settle pensionary benefits of the respondent. - 4 - HC-KAR CNR: KAHC010049302020 NC: 2026:KHC:48722-DB WP No. 12561 of 2021 4. When the enquiry is prolonged for years together that too against a retired official, the Tribunal would be justified in directing settlement of pensionary benefits depending on the peculiar facts of the present case. In the instant case, delay is abnormal and there is no explanation. The delinquent official has a right that disciplinary proceedings against him are concluded expeditiously. 5. We do not find any error or illegality in the order passed by the Tribunal in the peculiar facts of the present case. There is no merit in the writ petition. Accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE MPK CT:bms