Dismissed

Government of Karnataka Represented by Its Principal Sevretary to Government of Karnataka v. Sri Yallappa K Pujar S/O Karisomappa Pujar Aged About 69 Years Retired Agriculture Assistant

Karnataka HC12 Jan 2024WP/100106/2024

Case brief

AI extract

What is this about?

State challenged the Administrative Tribunal's quashing of disciplinary enquiry entrusted to Lokayukta and Articles of Charge against a retired Agriculture Assistant, issued more than four years after his retirement. The Court held Rule 214(2)(b)(ii) KCSRs bars such charges and dismissed the writ petition.

What the court decided

AI extract

Government of Karnataka Represented by Its… — Pension and Retirement Benefits | Karnataka HC (2024)

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- 1 - NC: 2024:KHC-D:732-DB WP No.100106 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF JANUARY, 2024

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PRESENT

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THE HON'BLE MR JUSTICE S G PANDIT

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AND

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THE HON'BLE MR JUSTICE K V ARAVIND

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WRIT PETITION NO.100106 OF 2024 (S-KAT)

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BETWEEN:

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THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, TO GOVERNMENT OF KARNATAKA DEPARTMENT OF AGRICULTURE, VIDHANA SOUDHA BENGALURU-560001.

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THE ACCOUNTANT GENERAL (A & D), PARK HOUSE ROAD, BANGALURU-560001.

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…PETITIONERS

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(BY SRI. G.K. HIREGOUDAR, ADDL. GOVERNMENT ADVOCATE)

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AND:

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Digitally signed by JAGADISH JAGADISH T R T R Date: 2024.01.22 11:09:53 +0530

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SRI. YALLAPPA K. PUJAR, S/O. KARISOMAPPA PUJAR AGE. 69 YEARS, RETIRED AGRICULTURE ASSISTANT, RESIDING AT HOUSE NO.171, SHIVANANDANAGAR, NAVANAGAR, HUBLI, DHARWAD DISTRICT-580001.

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THE HON’BLE LOKAYUKTA REPRESENTED BY ITS REGISTRAR, DR. AMBEDKAR VEEDHI, M.S. BUILDING, BENGALURU-560001.

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THE ADDL. REGISTRAR ENQUIRY-9, KARNATAKA LOKAYUKTA, DR. AMBEDKAR VEEDHI, M.S. BUILDING, BANGALURU-560001.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED U/A 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

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2 - NC: 2024:KHC-D:732-DB

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WP No.100106 of 2024

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BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BELAGAVI IN APPLICATION NO.5495/2018 BY ORDER DATED 02.03.2020 VIDE ANNEXURE-A & ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, S G PANDIT J., MADE THE FOLLOWING:

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ORDER

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Petitioners – State Government as well as the

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Accountant General are before this Court under Article 226 of the Constitution of India questioning the correctness and legality of the order dated 02.03.2020 in Application No.5495/2018 passed by the Karnataka State Administrative Tribunal, Belagavi (for short, ‘the Tribunal’), allowing the application of respondent No.1 challenging the order of entrustment dated 08.01.2018 as well as the Articles of Charge dated 30.05.2018.

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Heard Sri. G.K.Hiregoudar, learned Additional Government Advocate for the petitioners, and perused the writ petition papers.

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Learned Additional Government Advocate would

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submit that petitioner No.1 received a complaint dated

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3 - NC: 2024:KHC-D:732-DB WP No.100106 of 2024

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11.05.2015 against respondent No.1 alleging misappropriation of funds meant for agricultural programme. It is submitted that after investigation, under Order dated 08.01.2018, petitioner No.1 entrusted enquiry to the Lokayukta under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short, ‘the CCA Rules’). Based on the entrustment, the Lokayukta issued charge memo on 30.05.2018. Learned Additional Government Advocate would submit that the complaint received by the petitioner is within four years from the date of retirement of respondent No.1, and the entrustment of enquiry is also within four years from the date of retirement of respondent No.1. Therefore, he would submit that the Tribunal is not justified in allowing the application on the ground that it is hit by Rule 214(2)(b)(ii) of the Karnataka Civil Services Rules (KCSRs). Referring to the Charge Memo, learned Additional Government Advocate would submit that when the charge alleged against respondent No.1 is serious in nature, the Tribunal ought not

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4 - NC: 2024:KHC-D:732-DB WP No.100106 of 2024

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to have interfered with the Articles of Charge. Thus, he prays for allowing the writ petition.

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Having heard the learned Additional Government Advocate and on perusal of the writ petition papers, the only point which falls for consideration in this petition is,

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Whether the order under challenge passed by the Tribunal calls for any interference?

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Our answer to the above point would be in the negative for the following reasons:

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a) Respondent No.1 was working as an Agricultural Assistant in the Department of Watershed Development. Respondent No.1, on attaining the age of superannuation, retired on 31.03.2013. Petitioner No.1 received a complaint on 11.05.2015 against respondent No.1, and on investigation by Lokayukta, enquiry against respondent No.1 was entrusted under Rule 14A of the CCA Rules vide Government Order dated 08.01.2018. Thereafter, the Lokayukta framed Articles of charge and issued the same on 30.05.2018 to

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- 5 - NC: 2024:KHC-D:732-DB WP No.100106 of 2024

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respondent No.1. The Tribunal taking note of Rule 214(2)(b)(ii) of KCSRs rightly held that the Articles of Charge issued on 30.05.2018 is beyond four years from the date of retirement of respondent No.1 and is hit by Rule 214(2)(b)(ii) of KCSRs. Rule 214(2)(b)(ii) of KCSRs reads as follows:

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“214.(1)(a) ……………….

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(2)(a)…………..

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(b) The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment.

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i) Shall not be instituted save with the sanction of the Government;

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ii) Shall not be in respect of any event which took place more than four years before such institution; and

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iii) Shall be conducted by such authority and in such place as the Government may direct and in accordance with the. Procedure applicable to departmental proceedings in which an order of dismissal from service could be the made in relation to the Government servant during his service.”

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The above Rule would not permit issuance of Articles of Charge against a retired government employee in

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respect of an incident which relates to four years prior to the date of issuance of charge Memo.

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b) In the instant case, admittedly, respondent No.1 retired from government service on 31.03.2013 and Article of charge is issued on 30.05.2018 i.e. beyond four years from the date of retirement of respondent No.1. The order passed by the Tribunal is neither perverse nor suffers from any illegality so as to interfere with the same.

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We do not find any merit in the writ petition. Accordingly, the writ petition is dismissed.

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Pending interlocutory application, if any, does not survive for consideration and is disposed of accordingly.

Sd/JUDGE

Sd/JUDGE

KMS

LIST NO.: 1 SL NO.: 6

Government of Karnataka Represented by Its Principal Sevretary to Government of Karnataka v. Sri Yallappa K Pujar S/O Karisomappa Pujar Aged About 69 Years Retired Agriculture Assistant

Case brief

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What the court decided

Government of Karnataka Represented by Its Principal Sevretary to Government of Karnataka v. Sri Yallappa K Pujar S/O Karisomappa Pujar Aged About 69 Years Retired Agriculture Assistant

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