LOKESHAPPA V R v. KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LIMITED
WP/11096/2025 · 2026-01-05
D K Singh, S Rachaiah
body2026
DailyLaw.ai
[ 2026 DAILYLAW 47544 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 47544 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:58-DB WP No. 11096 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 11096 OF 2025 (GM-KLA)
BETWEEN:
1.
LOKESHAPPA V R AGED 66 YEARS SON OF SRI V. RUDRAPPA RESIDING AT THARA SADANA HOUSE NO. 1969/21 S.S. EXTENSION, DAVANAGERE - 577 004.
…PETITIONER (BY SRI. KRISHNA MURTHY R, ADVOCATE)
AND:
1.
KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LIMITED NO. 16/1, MILLERS TANK BED AREA, BANGALORE - 560 052.
REPRESENTED BY ITS MANAGING DIRECTOR
…RESPONDENT (BY SRI. MOHAMMAD JAFFAR SHAH, AGA)
Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:58-DB WP No. 11096 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR
ORDER QUASHING THE
ORDER BEARING No.KFCSC/Adm/Est/24/2018-19/1943 DATED 27.07.2018 WHICH IS ENCLOSED AS ANNEXURE-‘B’ TO THE WRIT PETITION, IN SO FAR AS IT RELATES TO THE CONDITION THAT
“IN VIEW OF THE FACT THAT DEPARTMENTAL ENQUIRY IS BEING CONDUCTED AGAINST THE PETITIONER BY LOKAYUKTA AS PER RULE-214A(1) KCSR, A DECISION REGARDING PAYMENT OF HIS GRATUITY AND OTHER RETIRAL BENEFITS, WILL BE TAKEN AFTER COMPLETION OF THE ENQUIRY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR NC: 2026:KHC:58-DB WP No. 11096 of 2025
ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)
1. The present petition has been filed seeking for the following reliefs: a) Issue a writ of certiorari or any other appropriate writ or order quashing the order bearing No.KFCSC/Adm/Est/24/2018- 19/1943 dated 27.07.2018 which is enclosed as Annexure-‘B’ to the writ petition, in so far as it relates to the condition that “in view of the fact that departmental enquiry is being conducted against the petitioner by Lokayukta as per rule-214A(1) KCSR, a decision regarding payment of his gratuity and other retiral benefits, will be taken after completion of the enquiry;
b) Issue a writ of certiorari or any other writ or
order quashing the Enquiry Report bearing No.UPLOK-1/DE/1066/2017/ARE-9, No.UPLOK-1/DE/1124/2017 /ARE-9, dated 10.07.2023 of the I/C Additional Registrar of Enquiries-9 which is enclosed as Annexure-‘C’ to the writ petition;
c) Issue a writ of certiorari or any other writ or
order quashing the recommendation bearing No.UPLOK-1/DE/1066/2017/ARE-9, No.UPLOK-1/DE/1124/2017 /ARE-9, dated 18.07.2023 of the Hon’ble Upa Lokayukta-I, which is enclosed as Annexure-‘J’ to the writ petition;
d) Issue a writ of mandamus or any other writ or order directing the respondent to release the full amount of the Leave Salary,
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HC-KAR NC: 2026:KHC:58-DB WP No. 11096 of 2025
Gratuity and Group Savings Insurance Amount (G.S.L.I. amount) to the petitioner together with interest thereon at 12% per annum from the date of retirement till the amounts are paid; and
e) Pass such other order or direction that this Hon’ble Court deems fit, including costs, in the interest of justice and equity. 2. The petitioner has faced a domestic enquiry by the office of the Lokayuktha. The Lokayuktha has submitted the enquiry report dated 10.07.2023 to the respondent, Karnataka Food and Civil Supplies Corporation Limited, for taking appropriate action. In view of the enquiry report, the petitioner has not been paid the post- retiral dues on the ground that the departmental enquiry has been conducted against the petitioner by the Lokayuktha as per Rule 214-A(1) of Karnataka Civil Services Rules and the decision for payment of the post- retirement dues would be taken after completion of the enquiry. 3. The learned counsel for the petitioner submits that the petitioner has submitted a reply to the show
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HC-KAR NC: 2026:KHC:58-DB WP No. 11096 of 2025
cause notice issued by the Disciplinary Authority i.e. Managing Director of Karnataka Food and Civil Supplies Corporation Limited. However, till date no decision has been taken on the said show cause notice. He further submits that for the same charge, a Criminal Complaint No.217/2016 came to be filed against the petitioner and two other persons. However, the said Criminal case has ended in acquittal vide judgment dated 05.04.2023 passed by the Court of Civil Judge and JMFC at Afzalpur in C.C No. 217/2016. 4. Considering the aforesaid fact that the petitioner has already submitted the reply to the second show cause notice dated 23.11.2023, however, no decision has been taken till date, we dispose of the writ petition with a direction to the Managing Director of Karnataka Food and Civil Supplies Corporation Limited to take a decision on the show cause notice dated 23.11.2023 issued to the petitioner expeditiously within a period of one month.
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HC-KAR NC: 2026:KHC:58-DB WP No. 11096 of 2025
Let a copy of this order be communicated by the petitioner to the Managing Director forthwith for necessary compliance. Sd/- (D K SINGH) JUDGE
Sd/- (S RACHAIAH) JUDGE
UN List No.: 1 Sl No.: 15