State challenged a Tribunal order setting aside a nine-year-old charge memo against a retired employee and directing release of pension. The court upheld the Tribunal's finding of inordinate delay and rejected the writ petition.
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NC: 2024:KHC:37515-DB WP No. 5620 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2024 PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 5620 OF 2022 (S-KSAT)
BETWEEN:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
(BY SRI. M RAJAKUMAR, AGA)
AND:
SRI M SHAMBULINGA SWAMY S/O LATE M L MAHANTHA DEVARU, AGED ABOUT 70 YEARS, RETIRED FIRST DIVISION ASSISTANT, O/O THE REGIONAL COMMISSIONER,
K G ROAD, BANGALORE, R/O FLAT NO.356, 13-4TH BLOCK, VENKATALA VILLAGE, YELAHANKA, BANGALORE DISTRICT.
…RESPONDENT
(BY SRI. SRINIVAS KUMAR M., ADV.)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS; B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE ORDER DATED 18/05/2021 IN APPLICATION NO.8549/2018 (ANNEXURE-A) PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
The petitioners – State Authorities are before this Court challenging the order dated 18.05.2021 in
Application No.8549/2018, whereunder the Tribunal set aside the impugned charge memo dated 25.04.2009 and also impugned order dated 29.06.2018 and directed the
Authorities to release the pension and all other pensionary benefits to the respondent herein as per entitlement.
Sri.M.Rajakumar would submit that subsequent to passing of the order by the Tribunal, petitioner-authorities have complied the order and have settled all pensionary benefits of respondent herein.
NC: 2024:KHC:37515-DB WP No. 5620 of 2022
proceedings against the Government Servants that too, in
the case of retired Government Servants.
merit in the writ petition and accordingly writ petition
stands rejected.
SD/(S.G.PANDIT) JUDGE
SD/(C.M. POONACHA) JUDGE
NC CT:bms List No.: 2 Sl No.: 7
1 issue framed by the court
Whether the Tribunal was justified in setting aside a charge memo issued in 2009 and appointment of Enquiry Officer in 2018 due to inordinate delay after the employee's retirement.
1 provisions across 1 enactments
The State of Karnataka by its Secretary to Government, Revenue Department
The Regional Commissioner Bangalore Division
The Deputy Commissioner Shimoga District
Sri M Shambulinga Swamy
S.G.Pandit
C.M.Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
