- 1 - HC-KAR NC: 2026:KHC-D:1461 WP No. 102451 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 102451 OF 2025 (S-RES) BETWEEN: SRI. MAHADEV TALWAR S/O. DHARMANNA, AGE: 62 YEARS, OCC: RETIRED GOVT. SERVANT, R/O. GH.NO.792, SANAKONAHATTI, BELAGAV-591304. …PETITIONER (BY SMT. BINDU GANACHARI, ADVOCATE) AND: 1. THE DIRECTOR (ADMIN & HR) AND DISCIPLINARY AUTHORITY, KPTCL, KAVERI BHAVAN, BENGALURU-560009. 2. THE MANAGING DIRECTOR KPTCL, KAVERI BHAVAN, BENGALURU-560009. …RESPONDENTS (BY SRI. C.R.HIREMATH, 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 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.KAVIPRA NINI/B94/58115/D/2024-25/UNIP-PART-1/ACCOUNTS, DATED 01/07/ 2024 BEARING NO.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 BEARING NO.KAVIPRANINI/B94/ 58118(D)/2024-25/PART-1, DATED 09/08/2024 BEARING NO.KAVIPRA NINI/B94/47629(D)/2023-24/PART-1, AND DATED 03/10/2024 BEARING NO.KAVIPRANINI/B94/47625(D)2023-24/PART-1/OTM VIDE ANNEXURE-B TO B7 PASSED BY RESPONDENT NO.1 IN SO FAR AS PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.18 10:31:20 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1461 WP No. 102451 of 2025 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner is a retired employee of the respondent- Corporation who retired from service on 31.03.2023 after attaining the age of superannuation. Subsequent to his retirement, respondent No.1 issued multiple articles of charges. The series of articles of charges are annexed to the petition in Annexure-B series. Aggrieved by the initiation of the disciplinary proceedings after retirement and consequently withholding of the benefits, the petitioner has approached this Court. 2. Learned counsel for the petitioner submits that the disciplinary proceedings cannot be initiated or continued after retirement, only incompliance with Regulation 171(b) of the Karnataka Electricity Board Employees Service Regulation, 1966 (for short, ‘Regulations’). Articles of charges issued in respect of the events that took place more than 4 years prior to the issuance of charge memo are barred by limitation and are void ab initio. It is submitted that issuance of multiple charge sheets - 3 - HC-KAR NC: 2026:KHC-D:1461 WP No. 102451 of 2025 after retirement amounts to harassment and abuse of process of law. In support of his submission, he has placed reliance on the judgment of this Court in the case of Sri.Basavanni Patil Vs. The Director and Disciplinary Authority1 (Basavanni Patil). 3. Per contra, learned counsel appearing for the respondents submits that the Regulation 171(b) permits initiation of proceedings after retirement, subject to sanction of the competent authority and that the proceedings impugned are validly instituted. 4. This Court has carefully considered the rival submissions and perused the material on record. 5. Regulation 171(b) expressly mandates that departmental proceedings, if not instituted, while the employee was in service, shall not be instituted in respect of any event which took place more than 4 years before such institution. The issuance of articles of charges constitutes “institution” or proceedings. Post-retirement disciplinary proceedings being 1 WP Nos.101428/2025 CW.101430/2025 D.D.14.01.2026 - 4 - HC-KAR NC: 2026:KHC-D:1461 WP No. 102451 of 2025 exceptional in nature, must strictly conform to the limitation prescribed under the regulation. 6. In Basavanni Patil’s case, this Court following the Division Bench decision in the case of Bangalore Electricity Supply Company Ltd. Vs. Malathi B. and Another2 (Malathi), has held that any charge memo issued beyond the four years statutory period is barred and unsustainable in law, and the pensionary benefits cannot be withheld indefinitely on basis of time barred proceedings and held at paragraph Nos.7, 8, 9 and 10 as under; 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 2 W.A. No.1577/2024 D.D 03.09.2025 - 5 - HC-KAR NC: 2026:KHC-D:1461 WP No. 102451 of 2025 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. (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” - 6 - HC-KAR NC: 2026:KHC-D:1461 WP No. 102451 of 2025 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 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). - 7 - HC-KAR NC: 2026:KHC-D:1461 WP No. 102451 of 2025 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 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. 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, - 8 - HC-KAR NC: 2026:KHC-D:1461 WP No. 102451 of 2025 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. 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. 7. In the instant case, as rightly contended by the petitioner’s counsel upon examination of Annexure-B series, this Court finds that Annexures-B, B1, certain bills under Annexures- B4, B5 and B6 relate to events falling within 4 years from the - 9 - HC-KAR NC: 2026:KHC-D:1461 WP No. 102451 of 2025 date of issuance of charge memos and are therefore within limitation. Annexures-B2 and B3, portion of B4, B5 and B7 pertain to events beyond the prescribed period of 4 years and are barred under Regulation 171(b). In view of the settled legal position and statutory bar contained in Regulation 171(b), the impugned articles of charges, to the extent they relates to events beyond 4 years prior to their institution cannot be sustained. Accordingly, this Court pass the following; ORDER i) The writ petition is allowed in part. ii) The articles of charges at Annexures-B, B1 (certain bills under Annexures-B4, B5 and B6) are being within limitation and are permitted to be proceeded with, strictly in accordance with law. iii) The remaining articles of charges namely Annexures-B2, B3, barred portions of B4 and B7 are hereby quashed as being contrary to Regulation 171(b) of the Karnataka Electricity Board Employees Service Regulation, 1966. - 10 - HC-KAR NC: 2026:KHC-D:1461 WP No. 102451 of 2025 iv) The respondents shall conclude the enquiry in respect of surviving of articles of charges within a period of eight (8) weeks from the date of receipt of copy of this order, failing which, no adverse consequences shall follow. v) The respondents are directed to release all the retiral and pensionary benefits to the petitioner including arrears within eight (8) weeks from the date of the receipt of copy of this order. vi) Withholding of pension or retirement benefits shall not be continued except to the extent permissible in law. Sd/- JUSTICE K.S.HEMALEKHA PJ/Ct:VH List No.: 1 Sl No.: 6