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2026 DAILYLAW 47283 (KAR)

THE KARNATAKA LOKAYUKTA v. SHRI. V. SRINIVASA

WP/8325/2023 · 2026-02-04

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6405-DB WP No. 8325 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 8325 OF 2023 (S-KSAT) BETWEEN: 1. THE KARNATAKA LOKAYUKTA, M.S. BUILDILNG, BENGALURU-560001. REPRESENTED BY ITS REGISTRAR. …PETITIONER (BY SRI MALLIKARJUN REDDY K. S., ADVOCATE) AND: 1. SHRI. V. SRINIVASA, AGED ABOUT 65 YEARS, S/O LATE. S.VENKATARAMU, EXECUTIVE ENGINEER, CITY MUNICIPAL CORPORATION, TUMKUR, R/AT No.128, 13TH,3RD CROSS, BTM 1ST STAGE, BENGALURU-560085. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, M.S.BUILDING, BENGALURU-560001. Digitally signed by VINUTHA B S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6405-DB WP No. 8325 of 2023 3. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS PORTS, INLAND AND TRANSPORT, M.S.BUILDING, BENGALURU-560001. …RESPONDENTS (BY SRI K.R. RAJENDRA, AGA FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 10.07.2019 PASSED BY THE KSAT AT BENGALURU IN A.No-4663 AND 4855/2018 AS PER ANNEXURE- A. 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 S.G.PANDIT) The petitioner-Karnataka Lokayukta represented by its Registrar is before this Court questioning the correctness of the order dated 10.07.2019 in Application No.4663 & 4855 of 2018 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, 'the Tribunal') whereunder the order dated 27.03.2018 entrusting enquiry under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) - 3 - HC-KAR NC: 2026:KHC:6405-DB WP No. 8325 of 2023 Rules, 1957 (for short, 'CCA Rules') and Articles of Charge dated 17.12.2018 are quashed on a ground that the articles of charge issued is subsequent to the first respondent's retirement on attaining the age of superannuation on 31.05.2018. 2. Heard Sri K.S. Mallikarajun Reddy, learned counsel for the petitioner-Lokayukta and Sri K.R. Rajendra, learned Additional Government Advocate for respondent Nos.2 and 3 and perused the entire writ petition papers. 3. Learned counsel for the petitioner would contend that the Tribunal could not have allowed the application solely on the ground that as the respondent had retired as on the date of issuance of articles of charge, the authorities could not have invoked Rule 14-A of CCA Rules. Learned counsel would submit that articles of charge could be issued against a retired government servant under Rule 214 of the Karnataka Civil Services Rules (KCSRs). Therefore, he prays for allowing the writ petition by placing reliance on the judgment of this Court in the case of Dr.M.Basappa Reddy vs. State of Karnataka and others in Writ Petition No.14770/2012 dated 01.04.2016. - 4 - HC-KAR NC: 2026:KHC:6405-DB WP No. 8325 of 2023 4. On hearing the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are not inclined to interfere with the impugned order passed by the Tribunal, not for the reasons which the Tribunal allowed the application but for the reasons stated herein below. 5. The impugned order passed by the Tribunal is dated 10.07.2019, whereas the present writ petition is filed on 10.04.2023 nearly four years from the date of impugned order passed by the Tribunal. 6. At para 4 of the writ petition with regard to delay in filing the writ petition, it is stated that earlier the matter was entrusted to one special counsel on 09.02.2021 to file the writ petition and as the same was not filed, the said papers were entrusted to the present learned counsel for the petitioner. Even if the entrustment of the papers to earlier advocate is taken into consideration, the said entrustment is nearly after two years from the date of impugned order passed by the Tribunal. As on the date of filing the application by respondent No.1 before the Tribunal, he was on the verge of retirement. As on this date, he is more than 65 years old and he is in the - 5 - HC-KAR NC: 2026:KHC:6405-DB WP No. 8325 of 2023 evening of his life. Therefore, without going into the contention raised by the petitioner-Lokayukta, we dismiss the writ petition on the above stated ground. 7. Accordingly, writ petition stands dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 21