- 1 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER 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 IN WP No. 28243/2025 BETWEEN: SRI S MANOHAR AGED ABOUT 63 YEARS S/O SRI SHANMUKAPPA RETIRED ASSISTANT EXECUTIVE ENGINEER (RETIRED ON 31.10.2021) OFFICE OF THE CITY MUNICIPAL COUNCIL CHITRADURGA-577501 R/AT NO.94/A, 7TH MAIN ROAD, NANDAKUMAR LAYOUT RAMANJEYANAGARA BENGALURU-560061. …PETITIONER (BY SRI. R NAVEEN KUMAR, ADV. FOR SRI RAJASHEKAR P., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC WORKS VIKASA SOUDHA W.P.NO.28243/2025 (S-KSAT) C/W W.P.NO.21218/2024, W.P.NO.17364/2025 AND W.P.NO.19183/2025 (S-KSAT) Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER DR. AMBEDKAR BEEDHI BENGALURU-560001. 2. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT VIKASA SOUDHA DR. AMBEDKAR BEEDHI BANGALORE-560001. 3. THE CHIEF ENGINEER MINOR IRRIGATIN (NORTH) JALANAGAR, VIJAYAPURA -586109. 4. THE CHIEF ENGINEER COMMUNICATIONS AND BUILDINGS (SOUTH), K R CIRCLE, BENGALURU-560001. 5. THE ACCOUNTANT GENERAL IN KARNATAKA, (A AND E) BENGALURU-560001. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN A.NO.839/2023 ON THE FILE OF THE KSAT BENGALURU AND QUASH THE ORDER DATED 05.12.2023 MADE IN A.NO.839/2023 ON THE FILE OF THE KSAT BENGALURU (ANNEXURE-A) IN SO FAR AS IT RELATES TO DIRECTION ISSUED TO THE RESPONDENT TO COMPLY WITH REQUIREMENTS OF RULE 13 OF KCS (CCA) RULES 1957 AND DIRECTED TO ISSUED ARTICLES OF CHARGE UNDER RULE 11 R/W RULE 13 OF KSC (CCA) RULES 1957 AGAINST THE PETITIONER AND FULLY ALLOW A.NO.839/2023 ON THE FILE OF KSAT FILED BY THE PETITIONER BY GRANTING ALL CONSEQUENTIAL BENEFITS INCLUDING RELEASE OF DCRG COMMUTATION VALUE OF PENSION ETC AND GRANT ALL CONSEQUENTIAL BENEFITS. - 3 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER IN WP NO. 21218/2024 BETWEEN: SRI. M.H. PAWAR AGED ABOUT 65 YEARS, S/O SRI HANUMANTHAPPA PAWAR, RETIRED ASSISTANT EXECUTIVE ENGINEER, (RETIRED ON 31.3.2019) OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, NO.2, DRP SUB DIVISION, SORABA, SHIMOGA DISTRICT-577429 RESIDING AT NO.1855/56 AMBABHAVANI NILAYA, 1ST MAIN, 4TH CROSS, SARASWATHI NAGARA, DAVANAGERE – 577004. ...PETITIONER (BY SRI. R NAVEEN KUMAR, ADV. FOR SRI RAJASHEKAR P., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560001. 2. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT VIKASA SOUDHA, DR. AMBEDKAR BEEDHI, BENGALURU- 560001. 3. THE CHIEF ENGINEER MINOR IRRIGATION (NORTH), JALANAGAR, VIJAYAPURA 586109. - 4 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER 4. THE CHIEF ENGINEER COMMUNICATION AND BUILDINGS (SOUTH) K R CIRCLE, BENGALURU-560001. 5. THE ACCOUNTANT GENERAL IN KARNATAKA (A AND E) BENGALURU- 560001. ...RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R5) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN A.NO.6307/2022 ON THE FILE OF KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BENGALURU AND II) TO QUASH THE ORDER DATED 02.11.2023 MADE IN A.NO.63207/2022 ON THE FILE OF KSAT BENGALURU (ANNEXURE-A) IN SO FAR AS IT RELATES TO DIRECTION ISSUED TO THE RESPONDENT TO COMPLY WITH REQUIREMENTS OF RULE 13 OF KCS (CCA) RULES 1957 AND DIRECTED TO ISSUE ARTICLES OF CHARGE UNDER RULE 11 R/W RULE 13 OF KCS (CCA) RULES 1957 AGAINST THE PETITIONER AND FULLY ALLOW A.NO.6307/2022 ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL FILED BY THE PETITIONER BY GRANTING ALL CONSEQUENTIAL BENEFITS INCLUDING RELEASE OF DCRG COMMUTATION VALUE OF PENSION, ETC AND TO REGULATE THE PERIOD OF SUSPENSION OF THE PETITIONER BETWEEN 24.07.2016 AND 07.03.2018 AS PER RULE 99 AND 100 OF KCSR AND GRANT ALL CONSEQUENTIAL BENEFITS. IN WP NO. 17364/2025 BETWEEN: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS, VIKASA SOUDHA, DR. AMBEDKAR BEEDHI, BENGALURU-560 001. 2. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT, - 5 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER VIKASA SOUDHA, DR. AMBEDKAR BEEDHI, BENGALURU-560 001. 3. THE CHIEF ENGINEER, MINOR IRRIGATION (NORTH), JALANAGAR, VIJAYAPURA-586 109. 4. THE CHIEF ENGINEER, COMMUNICATIONS AND BUILDINGS (SOUTH), K.R.CIRCLE, BENGALURU-560 001. 5. THE ACCOUNTANT GENERAL IN KARNATAKA, (A AND E), BENGALURU-560 001. ...PETITIONERS (BY SRI.VIKAS ROJIPURA, AGA) AND: SRI M H PAWAR AGED ABOUT 67 YEARS, S/O SRI HANUMANTHAPPA PAWAR, RETIRED AS ASSISTANT EXECUTIVE ENGINEER, (RETIRED ON 31.03.2019). OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, NO.2, DRP SUB DIVISION, SORABA, SHIMOGA DISTRICT-577429 R/AT NO.1855/56, AMBABHAVANI NILAYA, 1ST MAIN, 4TH CROSS, SARASWATHI NAGARA, DAVANAGERE- 577004. ...RESPONDENT (BY SRI. R NAVEEN KUMAR, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO. 6307/2022 BY ORDER DATED 02.11.2023 VIDE ANNEXURE-A AND B) GRANT SUCH OTHER ORDER - 6 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER OR DIRECTION AS DEEMED FIT UNDER THE CIRCUMSTANCES OF THE CASE. IN WP NO. 19183/2025 BETWEEN: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR BEEDHI, BANGALORE-560 001. 2. THE STATE OF KARNATAKA, BY ITS SECRETARY, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001. 3. THE CHIEF ENGINEER, MINOR IRRIGATION (NORTH) JALANAGAR, VIJAYAPURA-586109. 4. THE CHIEF ENGINEER, COMMUNICATIONS AND BUILDINGS (SOUTH), K.R. CIRCLE, BENGALURU-560 001. 5. THE ACCOUNTANT GENERAL IN KARNATAKA, (A AND E), BANGALORE-560 001. ...PETITIONERS (BY SRI. VIKAS ROJIPURA, AGA) AND: SRI S. MANOHAR, AGED ABOUT 63 YEARS, S/O SRI SHANMUKAPPA, RETIRED ASSISTANT EXECUTIVE ENGINEER, (RETIRED ON 31.10.2021), OFFICE OF THE CITY MUNICIPAL COUNCIL, - 7 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER CHITRADURGA R/AT NO.94/A, 7TH MAIN ROAD, NANDAKUMAR LAYOUT, RAMANJEYANAGARA, BENGALURU-560 061. ...RESPONDENT (BY SRI. R NAVEEN KUMAR, ADV. FOR SRI RAJASHEKAR P., ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO.839/2023 BY ORDER DATED 05/12/2023 VIDE ANNEXURE-A AND B) GRANT SUCH OTHER ORDER OR DIRECTION. THESE PETITIONS, 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 order dated 05.12.2023 in Application No.839/2025 and order dated 02.11.2023 in Application No.6307/2022 are challenged by both the applicants and respondents before the Karnataka State Administrative Tribunal, Bengaluru, (for short “Tribunal”). The applicants before the Tribunal are before this Court aggrieved by portion of the order whereunder, Tribunal directed the - 8 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER respondents to comply with the requirement of Rule 13 of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short “CCA Rules”) and to proceed to conduct disciplinary proceedings by issuing Articles of Charge. Whereas, the respondent-State Authorities are before this Court aggrieved by portion of the order quashing Articles of Charge dated 22. 11.2022 in both the applications. 2. Heard Sri. R Naveen Kumar, learned counsel appearing on behalf of Sri. Rajashekar P, learned advocate on record for petitioners and Sri. Vikas Rojipura, learned AGA for respondent – State Authorities. Perused the entire set of writ petition papers. 3. The Tribunal set aside the Articles of Charge in respect of the petitioners solely on the ground that the initiation of enquiry proceedings is contrary to Rule 13 of CCA Rules. In that, individual Articles of charge were issued and enquiry officer was appointed to conduct the - 9 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER common proceedings under Rule 13 of CCA Rules. In identical circumstances, a Coordinate Bench of this Court in W.P.No.107000/2024 (K-SAT) and connected writ petitions disposed of on 03.11.2025 between “The State of Karnataka and Others v. Sri. M. Krishnaiah and Others”, at paragraph Nos. 8 to 12, has held as follows: “8. Rule 13 of CCA Rules reads as follows: "13. Joint Inquiry. - (1) Where two or more Government servants are concerned in any case, the Government or any other authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding. Provided that if the authorities competent to impose the penalty of dismissal on such Government servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others. (2) Subject to the provisions of sub-rule (3) of rule 9 any such order shall specify - (i) the authority which may function as the Disciplinary Authority for the purpose of such common proceeding; (ii) the penalties specified in rule 8 which such Disciplinary Authority shall be competent to impose; and - 10 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER (iii) whether the procedure prescribed in rules 11 and 11A or rule 12 may be followed in the proceeding." 9. A reading of the above Rule makes it abundantly clear that when two or more government servants are involved in a case, the government or any other authority competent to impose penalty may make an order directing that the disciplinary action against all of them may be taken in a common proceeding. In other words, the government shall have to pass an order directing disciplinary action against all government servants in a common proceeding, which would mean that initiation of enquiry itself shall be joint. It is settled position of law that enquiry is said to be initiated on issuance of Articles of Charge or the Charge Memo. Therefore, even before issuance of the charge memo, the Disciplinary Authority is required to pass an order under Rule 13 initiating joint inquiry. The order directing disciplinary action in a common proceeding shall specify the Disciplinary Authority in respect of all the government servants involved in the case and the procedure to be followed in such common proceedings as indicated in sub-Rule 2 of Rule 13 of the CCA Rules. 10. In the instant case, admittedly, individual Articles of Charge, all dated 28.02.2017 were issued to respondent No. 1 in the above writ petitions. Thereafter, Annexure-A8 Government Order dated 05.07.2017 is issued appointing an Inquiry Officer to conduct an inquiry against all the government servants involved. - 11 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER 11. In the preamble of the Government Order at Annexure-A8, Rule 13 of the CCA Rules is referred. Mere referring of Rule 13 would not be sufficient. The Government Order shall indicate the criteria enumerated under Rule 13 of the CCA Rules. The Government Order dated 05.06.2017 cannot be considered as an order passed under Rule 13 of CCA Rules. The contention that the respondents have not raised any objection and they have participated in the proceedings is unsustainable. It is settled position of law that if initiation or procedure followed itself is contrary to the Rules, the same cannot be held against the respondents. If the initiation of inquiry itself is bad, it vitiates the entire proceedings. 12. Insofar as the direction issued by the Tribunal in Application Nos. 10323, 10324 and 10326 of 2023 directing to treat the period of suspension as period on duty and to pay consequential benefits is concerned, it requires to be set aside. When the Tribunal has granted liberty to the Disciplinary Authority to proceed with the inquiry, on compliance of Rule 13 of the CCA Rules, treating of suspension period as period on duty and payment of all consequential benefits would depend on the outcome of the inquiry to be conducted by the Disciplinary Authority. Accordingly, the direction of the Tribunal to regulate period of suspension and to pay consequential benefit is set aside.” In view of the above, it can be held that if initiation or procedure followed itself is contrary to the CCA Rules, the same cannot be held against the respondents and - 12 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER institution of enquiry itself would be bad and vitiates the entire proceedings. 4. In addition to the above, learned counsel Sri. Naveen Kumar, learned counsel for the petitioner draws attention of this Court to the fact that the petitioners were working in same sub-division, i.e., writ petitioner in W.P.No.28243/2025 between 30.06.2014 and 02.07.2015 and writ petitioner in W.P.No.21218/2024 between 02.02.2015 to 21.09.2016. The alleged Charge against the petitioner in W.P.No.28243/2025 is subsequent to he handing charge of the said sub-division and the charge is for the period from October, 2015 to January, 2016. Therefore, for the period during which the petitioner therein was not working in the said sub-division, the respondents could not have issued Articles of Charge. 5. Insofar as writ petitioner in W.P.No.21218/2024 is concerned, the Articles of charge relates to the period from October, 2015 to January, 2016 and he retired from - 13 - HC-KAR NC: 2026:KHC:3854-DB WP No. 28243 of 2025 C/W WP No. 21218 of 2024 WP No. 17364 of 2025 AND 1 OTHER service on attaining the age of superannuation on 31.01.2019; as the petitioner is retired in the year 2019, granting liberty to the respondents to initiate enquiry would be a futile exercise, since no Articles of Charge can be issued for an incident of the year 2015-2016 in terms of Rule 214 of KCSR. For the reasons recorded above, we allow the petitions bearing W.P.No.28234/2025 and W.P.No.21218/2024 and reject the petitions bearing W.P.No.17364/2025 and W.P.No.19183/2025. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE BSV CT:bms List No.: 1 Sl No.: 18