- 1 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 101428 OF 2025 (S-DE) C/W WRIT PETITION NO. 101430 OF 2025 (S-DE) IN WP No. 101428/2025: BETWEEN: SRI. BASAVANNI PATIL S/O. MALLAPPA AGED ABOUT 62 YEARS, OCC: RETIRED GOVT. SERVANT R/O. GHODGERI HUKKERI, BELAGAVI-591 107. …PETITIONER (BY SRI. KARTIK GANACHARI, ADVOCATE) AND: 1. THE DIRECTOR (ADMIN AND HR) AND DISCIPLINARY AUTHORITY, KPTCL, KAVERI BHAVAN, BENGALURU-560009. 2. THE MANAGING DIRECTOR KPTCL, KAVERI BHAVAN, BENGALURU-560009. …RESPONDENTS (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, BY QUASHING THE ARTICLE OF CHARGES DATED 29/05/2023 BEARING NO.KAVIPRANINI/B94/ 36397/E/2022-23/GK- PART-1, DATED 20/11/2023 BEARING NO.KAVIPRANINI/ B94/36397/F/2022-23/GK-PART-1, DATED 21/11/2023 BEARING NO.KAVIPRANINI/B94/36397/D/2022-23/GK-PART-1, DATED 18/06/2024 BEARING NO.KAVIPRANINI/ B94/58115/ D/2024- 25/UNIP-PART-1/ACCOUNTS, DATED 01/07/2024 BEARING NO. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Date: 2026.01.22 15:27:08 +0530 - 2 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 KAVIPRANINI/B94/47628 (D)/2023-24/PART-1/I, DATED 03/07/2024 BEARING NO.KAVIPRANINI/ B94/47627 (D)/2023-24 /PART-1, DATED 25/07/2024 NO.KAVIPRANINI/B94/58118(D)/2024-25/PART- 1, BEARING DATED 09/08/2024 BEARING NO.KAVIPRANINI/ B94/47629(D)/2023-24/PART-1, DATED 19/08/2024 BEARING NO.KAVIPRANINI/B94/53359(D)/2023-24/PART-1/ ADDITIONAL BUDGET AND DATED 03/08/2024 BEARING NO.KAVIPRANINI/B94/ 47625 (D)2023-24/PART-1/OTM VIDE ANNEXURE -B TO B9 IN SO FAR AS PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WP NO. 101430/2025: BETWEEN: 1. SRI. SHASHIKANTH CHIKADE S/O. KOUTAK, AGED ABOUT 65 YEARS, OCC: RETIRED GOVT. SERVANT, R/O. H.NO.450, 2ND LINE, NEAR PRATHANA HOTEL, NIPPANI, BELAGAVI-591237. 2. SRI. VIVEK NAIK, S/O. GURUSIDDA, AGED ABOUT 63 YEARS, OCC. RETIRED GOVT. SERVANT, R/O. VIVATHA APARTMENTS, JADHAV NAGAR, BELAGAVI. ...PETITIONERS (BY SRI. KARTIK GANACHARI, ADVOCATE) AND: 1. THE DIRECTOR (ADMIN AND HR) AND DISCIPLINARY AUTHORITY, KPTCL, KAVERI BHAVAN, BENGALURU. 2. THE MANAGING DIRECTOR KPTCL, KAVERI BHAVAN, BENGALURU. ...RESPONDENTS (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 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 SUCH OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, BY QUASHING THE ARTICLE OF CHARGES DATED 25/10/2024 BEARING NO. KAVIPRANINI/ B94/58115/(G)/2024-25/UNIP-PART-1/ ACCOUNTS / UGAR VIDE ANNEXURE-B IN SO FAR AS PETITIONER NO.1 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, BY QUASHING THE ARTICLE OF CHARGES DATED 24/02/2023 BEARING NO.KAVIPRANINI/B94/ 36397(C)/2022-23/GK(PART-2), DATED 02/01/2024 BEARING NO.KAVIPRANINI/B94/ 53359(C)/2023-24/OTHERS/ PART-2, DATED 02/05/2024 BEARING NO.KAVIPRANINI/B94/ 47627(C)/ PMREA/2023-24/ PART-2, BENGALURU, DATED 14/06/2024 BEARING NO.KAVIPRANINI/B94/ 58118(C)/ATC/2024-25/ PART- 2, BENGALURU, DATED 03/10/2024 BEARING NO.KAVIPRANINI/ B94/ 47625(D)/2023-24/ PART-1/ OTM, DATED 16/10/2024 BEARING NO.KAVIPRANINI/B94/ 47629(C)/2023-24/ PART-2/ WS, DATED 24/10/2024 BEARING NO.KAVIPRANINI/B94/ 58115(E)/2024-25/UNIP-PART-1/ACCOUNTS/ATHANI, DATED 25/10/2024 BEARING NO.KAVIPRANINI/B94/58115(G)24 - 25/UNIP-PART-1/ACCOUNTS/ UGAR, DATED 22/11/2024 BEARING NO.KAVIPRANINI/B94/ 58115(C)/2024-25/UNIP PART- 1/ TECHNICAL AND DATED 22/11/2024 BEARING NO.KAVIPRANINI/B94/ 58115(C)/2024-25/UNIP PART-1/ TECHNICAL VIDE ANNEXURE C TO C9 IN SO FAR AS PETITIONER NO.2 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA - 4 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 ORAL ORDER These writ petitions are heard together and disposed of by this common order, as they arise out of similar facts and raise common questions of law relating to the validity of initiation and continuation of disciplinary proceedings after retirement. Brief facts: W.P.No.101428/2025: 2. The petitioner is the retired employee of the respondent-corporation. After his retirement, the respondents issued multiple articles of charges alleging irregularities said to have occurred during his tenure, i) certain articles of charges particularly Annexures-B, B1 and B2, pertains to events falling within the statutory of four years as prescribed under Regulation 171(b) of the Karnataka Electricity Board Employees' Service Regulation, 1966 (‘Regulations’ for short). ii) the remaining articles of charges relate to events beyond four years prior to their - 5 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 issuance. Aggrieved by the initiation of disciplinary proceedings after retirement and the consequential withholding of benefits, the petitioner has approached this Court. W.P.No.101430/2025: 3. The petitioners are retired Assistant Executive Engineers of KPTCL. Petitioner No.1 retired on 31.05.2020 and petitioner No.2 on 28.02.2023. After retirement, the respondents issued multiple articles of charges between 2023-24 in respect of the alleged irregularities relating to the period 2016 to 2019. Several charge memos were issued one after another, without appointing an enquiry officer or concluding the enquiry within the stipulated time. The pensionary benefits of petitioner No.2 was withheld to the extent of 50%, though the respondent themselves admitted that maximum recovery loss has already been adjusted. Seeking to quash the charge memos and release of retiremental benefits, the petitioners have approached this Court. - 6 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 4. Learned counsel for the petitioners submits that the disciplinary proceedings cannot be initiated or continued after retirement except in accordance with Regulation 171(b). Articles of charges issued in respect of the events more than three years old are void ab-initio. The issuance of multiple charge sheets after retirement amounts to harassment and abuse of power. Further, it is contended that mere issuance of a charge sheet without conducting an enquiry within a reasonable or prescribed time, cannot justify indefinite withholding of pension. Reliance is placed on the following decisions: i. State Bank of India Vs. Navin Kumar Sinha1 (Navin Kumar Sinha). ii. M.V. Bijlani Vs. Union of India2 (M.V. Bijlani). iii. Bangalore Electricity Supply Company Ltd. Vs. Malathi B. and Another3 (Malathi). 1 C.A.No.1279/2024 D.D19.11.2024 2 (2006) 5 SCC 88 3 W.A.No.1577/2024 D.D 03.09.2025 - 7 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 iv. State of Andhra Pradesh Vs. N. Radhakishan4 (N. Radhakishan). 5. Per contra, learned counsel for the respondents contends that the financial loss was caused to the corporation and departmental enquiry is necessary to fix responsibility. It is argued that Regulation 171(b) permits initiation of proceedings after retirement with approval of the competent authority. It is submitted that the writ petitions are premature as replies to charge memos have already been submitted. 6. Having heard the learned counsel for the parties, the point that arises for consideration is: “Whether the articles of charges issued after retirement are barred under Regulations 171(b) and whether the pensionary benefits can be withheld indefinitely in the absence of timely disciplinary proceedings?” 4 1998 (4) SCC 154 - 8 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 7. In order to answer the point for consideration, the Regulation 171(b) needs to be looked into, which reads thus: “Withholding or withdrawal of pensions and recoveries therefrom 171. The Board further reserves to itself the right of withholding or withdrawing a pension, or any part of it, whether permanently, or for a specified period and the right of ordering the recovery from a pension of the whole, or part of any pecuniary loss caused to the Board, if, in a departmental or judicial proceedings, the pensioner is found guilty of grave misconduct, or negligence, during the period of his service, including service rendered on re-employment after retirement; provided that (a) XXX (b) such departmental proceedings, if not instituted while the employee was in service, whether before his retirement or during his re-employment: (i) shall not be instituted save with the sanction of the Board. - 9 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 (ii) shall not be in respect of any event which took place more than 4 years before such institution; and (ii) shall be conducted by such authority and in such place as the Board may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the employee during his service. (c) XXXX” 8. Regulation 171(b) mandates that departmental proceedings shall not be instituted in respect of any event which took place more than four years before such institution. If the alleged event is older than four years on the date of charge memo is issued, the proceedings is barred, even with the Board's sanctions, proceedings cannot be instituted beyond four years. The only issuance of articles of charges counts as “institution”, the post- retirement proceedings are exceptional and they survive - 10 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 only with strict limits of Regulation 171(b). In the absence of a validly instituted proceeding under Regulation 171(b), retiral/pensionary benefits must be released. The explanation further clarifies that proceedings are deemed to be issued only on the issuance of articles of charges, not on preliminary enquiry or audit. 9. On examination of the record in W.P.No.101428/2025, this Court finds that Annexures-B, B1 and B2 relate to events which fall within four years from the date of issuance of articles of charges and are therefore within limitation. However, all other articles of charges pertain to events beyond four years statutory bar and unsustainable in law. The Division Bench of this Court in Malathi’s case, held that disciplinary proceedings cannot be kept alive or initiated beyond the statutory period under Regulation 171(b). 10. In W.P.No.101430/2025, the articles of charges relate to period 2016 to 2019, whereas the charge memos were issued between 2023-24, long after the expiry of four - 11 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 years and after retirement of the petitioners. The inordinate delay in initiation of disciplinary proceedings causes serious prejudice and vitiates the proceedings. The same principle applies with greater force to post- retirement proceedings. The Division Bench in Malathi's case has categorically held that the pensionary and retiral benefits cannot be withheld indefinitely on the pretext of possible or contemplated disciplinary proceedings. Pension is not a bounty and withholding indefinitely without lawful proceedings is arbitrary and violative of Articles 14 and 21 of the Constitution of India and accordingly, the point for consideration is answered and this Court pass the following: ORDER i. W.P.No.101428/2025 is allowed in part. ii. Articles of charges at Annexures-B, B1 and B2 are held to be within limitation and are permitted to be proceeded strictly in accordance with law. - 12 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 iii. All other articles of charges are quashed as being barred by Regulation 171(b) of the Karnataka Electricity Board Employees' Service Regulation, 1966. iv. The respondents shall conclude the enquiry, if any, in respect of Annexures-B, B1 and B2 within a fixed time frame, failing which, no adverse consequences shall follow. v. The respondents are directed to release all the retiral and pensionary benefits due to the petitioner including arrears within eights weeks from the date of receipt of this order. vi. The release shall be subject to the final outcome of the disciplinary proceedings restricted only to Annexrues-B, B1 and B2. vii. No recovery or further withholding will be effected on the basis of the articles of charges, which have been quashed as being beyond the period prescribed under Regulation 171(b). viii. W.P.No.101430/2025 is allowed. - 13 - HC-KAR NC: 2026:KHC-D:471 WP No. 101428 of 2025 C/W WP No. 101430 of 2025 ix. The articles of charges issued to the petitioners are quashed as being barred by limitation and issued after retirement. x. The respondents are directed to release all the pensionary and retiral benefits including arrears within eight weeks from the date of receipt of copy of this order. xi. Withholding of pension or retiral benefits shall not be continued except to the extent permissible in law. Sd/- JUSTICE K.S.HEMALEKHA AT Ct:vh List No.: 1 Sl No.: 66