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2026 DAILYLAW 49383 (KAR)

SRI.RAJENDARGOUDA POLICE PATIL v. THE STATE OF KARNATAKA

WP/19922/2022 · 2026-01-22

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3682-DB WP No. 19922 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 19922 OF 2022 (S-KSAT) BETWEEN: 1. SRI.RAJENDARGOUDA POLICE PATIL S/O BASAVANAGOUDA AGED ABOUT 57 YEARS WORKING AS SENIOR INSPECTOR OF MOTOR VEHICLES O/O REGIONAL TRANSPORT OFFICER CHITRADURGA, CHITRADURGA DISTRICT PRESENTLY WORKING AS SENIOR INSPECTOR OF MOTOR VEHICLES O/O REGIONAL TRANSPORT OFFICE NELAMANGALA BENGALURU RURAL DISTRICT-562123. 2. SRI RAJENDRAKUMAR HOSMANI S/O LINGARAJ AGED ABOUT 56 YEARS WORKING AS SENIOR INSPECTOR OF MOTOR VEHICLES O/O REGIONAL TRANSPORT OFFICER GADAG, GADAG DISTRICT PRESENTLY WORKING AS ARTO O/O ARTO JAMKHANDI BAGALKOT DISTRICT-587111. 3. SRI SADASHIVA RAYAPPA MARALINGANNAVAR S/O RAYAPPA AGED ABOUT 53 YEARS WORKING AS SENIOR INSPECTOR OF MOTOR VEHICLES O/O ASSISTANT REGIONAL TRANSPORT OFFICER Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3682-DB WP No. 19922 of 2022 JAMAKHANDI, JAMAKHANDI TALUK BAGALKOT DISTRICT PRESENTLY WORKING AS SENIOR INSPECTOR OF MOTOR VEHICLES O/O ARTO GOKAK BALAGAVI DISTRICT-591108. 4. SRI SRIKANTH BADIGER S/O LATE RAMACHANDRA AGED ABOUT 55 YEARS WORKING AS SENIOR INSPECTOR OF MOTOR VEHICLES O/O REGIONAL TRANSPORT OFFICER CHITRADURGA, CHITRADURGA DISTRICT PRESENTLY WORKING AS SENIOR INSPECTOR OF MOTOR VEHICLES O/O ASST. REGIONAL TRANSPORT OFFICE TIPTUR, TUMKUR DISTRICT-572117. 5. SRI CHANDRASHEKAR PATIL S/O BASAPPA Y PATIL AGED ABOUT 55 YEARS (WRONGLY ENTERED AS LATE K VENKATARAM) AGED ABOUT 55 YEARS WORKING AS SENIOR INSPECTOR OF MOTOR VEHICLES O/O REGIONAL TRANSPORT OFFICER BELAGAVI, BELAGAVI DISTRICT PRESENTLY WORKING AS SENIOR INSPECTOR OF MOTOR VEHICLES O/O ASST. REGIONAL TRANSPORT OFFICER DEVANAHALLI BENGALURU RURAL DISTRICT-562127. 6. SRI SHIVANANDA MAGDUM S/O BASAVARAJ AGED ABOUT 59 YEARS PRESENTLY WORKING AS REGIONAL TRANSPORT OFFICER D.C.T. SR. RTO BELAGAVI BELAGAVI DISTRICT-591108. …PETITIONERS (BY SRI. T NARAYANASWAMY, ADV. FOR SRI BASAVARAJA PATEL G. K., ADV.) - 3 - HC-KAR NC: 2026:KHC:3682-DB WP No. 19922 of 2022 AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001. 2. THE COMMISSIONER OF TRANSPORT 1ST FLOOR, A BLOCK BMTC COMPLEX BENGALURU-560027. 3. THE KARNATAKA LOKAYUKTA REPTD. BY ITS REGISTRAR M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001. 4. THE ADDITIONAL REGISTRAR OF ENQUIRY-2 KARNATAKA LOKAYUKTA M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001. …RESPONDENTS (BY SRI. K.R. RAJENDRA, AGA FOR R1 AND R2 SRI VENKATESH ARABATTI, ADV. FOR R3 AND R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO THE IMPUGNED ORDER PASSED BY THE KSAT AT BENGALURU DATED 30.08.2021 MADE IN A.NO.2770/2017 A.NO- 2771/2017, A.NO-2775/2017, A.NO-2777/2017 A.NO-2785/2017, A.NO-2761/2017 VIDE ANNEXURE-A PERUSE AND QUASH THE SAID ORDER AS ERRONEOUS AND CONTRARY TO LAW, AND ALLOW THE APPLICATIONS AS PRAYER SOUGHT THEREIN, SO FAR AS PETITIONER ARE CONCERNED 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 MR. JUSTICE K. V. ARAVIND - 4 - HC-KAR NC: 2026:KHC:3682-DB WP No. 19922 of 2022 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petition is listed for orders on the memo for disposal filed by the petitioners dated 17.11.2025. At the stage of orders, with the consent of learned counsel appearing for the parties, the matter is taken up for final disposal. 2. Heard learned counsel Sri.T.Narayanaswamy for Sri.G.K.Basavaraja, learned counsel for the petitioners, learned Additional Government Advocate Sri.K.R.Rajendra for respondent Nos.1 and 2 and learned counsel Sri.Venkatesh S. Arabatti for respondent Nos.3 and 4. Perused the entire writ petition papers. 3. The petitioners, working as Senior Motor Vehicle Inspectors and as RTOs are before this Court questioning the order dated 30.08.2021 in Application Nos.2770/2017, 2771/2017, 2775/2017, 2777/2017, - 5 - HC-KAR NC: 2026:KHC:3682-DB WP No. 19922 of 2022 2785/2017 and 2761/2017 on the file of the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), whereunder the petitioners’ challenge to the entrustment of enquiry order dated 04.04.2017 passed under Rule 14A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short, ‘CCA Rules’) and corrigendum dated 04.04.2017 are rejected. 4. It is also submitted that during the pendency of the applications before the Tribunal, the petitioners were issued with articles of charge, which is placed on record as Annexure-H dated 29.10.2021. 5. Learned counsel Sri.T.Narayanaswamy would submit that some of the Officers of the Transport Department, against whom also identical charges were alleged had approached the Tribunal and the Tribunal had allowed the applications, against which, the Lokayukta was before this Court in W.P.No.29212/2017 and - 6 - HC-KAR NC: 2026:KHC:3682-DB WP No. 19922 of 2022 W.P.No.29213/2017. This Court allowed the writ petitions of the Lokayukta, against which, respondents therein approached the Hon'ble Apex Court in SLP (C).Nos.13209- 23210/2021. The Hon'ble Apex Court by order dated 26.09.2023, dismissed the Special Leave Petitions with liberty to the petitioners therein to raise the contentions raised, before the appropriate authority with an observation to conclude the enquiry as expeditiously as possible. The Authorities subsequently proceeded with enquiry and the Government by its order dated 01.03.2025 (Annexure-M), exonerated the officers who were in the above stated writ petitions holding that charges are not proved. 6. In the above background, learned counsel Sri.T.Narayanaswamy would submit that since the charge against the petitioners herein are also similar and identical, the Government may be directed to examine once again the conducting of enquiry against the petitioners, before proceeding further. - 7 - HC-KAR NC: 2026:KHC:3682-DB WP No. 19922 of 2022 7. We notice from the documents enclosed to memo for disposal that the order of exoneration against some of the officers of the Revenue Department (Annexure-M), under Government order dated 01.03.2025 and Police Department is after the enquiry i.e., after recording of evidence in the departmental proceedings. Therefore, same orders cannot be extended to the petitioners herein. 8. In the instant case, in terms of the articles of charges, witnesses are to be examined before the Enquiry Officer and the documents are to be marked by the Disciplinary Authority to prove the charge against the petitioners. Based on the material that would be placed on record before the Enquiry Officer, it is for the Enquiry Officer to come to the conclusion, based on the materials. At this stage, the request of the learned counsel for the petitioners cannot be acceded to. - 8 - HC-KAR NC: 2026:KHC:3682-DB WP No. 19922 of 2022 9. The Tribunal under impugned order has rightly observed that mere entrusting the enquiry to Lokayukta authorities will not give any cause of action to the petitioners to challenge the same, placing reliance on the decision of the Hon'ble Apex Court. It is noticed that during the pendency of the proceedings, articles of charge against the petitioners have been issued. The petitioners would get an opportunity during the course of enquiry to defend themselves by placing on record cogent material. 10. Normally, this Court would not interdict the enquiry at the initial stage unless it is shown that initiation of enquiry is without jurisdiction. In the above circumstances and in view of the order of the Hon'ble Apex Court in identical matters in SLP(C).Nos.13209- 23210/2021 dated 26.09.2023, we decline to entertain the writ petition. Accordingly writ petition stands rejected. - 9 - HC-KAR NC: 2026:KHC:3682-DB WP No. 19922 of 2022 11. Learned counsel Sri.Venkatesh S. Arabatti would submit that subject to cooperation of the petitioners, enquiry would be completed as far as possible, within six months. 12. Submission of the learned counsel is placed on record. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 5