Allowed

Sri S R Roopakumar v. Bangalore Water Supply and Sewerage Board

Karnataka HC12 Mar 2024WP/7304/2021

Case brief

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What is this about?

The High Court of Karnataka allowed a writ petition filed by a retired employee challenging an article of charges. The court held that the proceedings were illegal as the alleged incident occurred over four years prior to the initiation, violating Karnataka Civil Services Rules and principles of natural justice. The charges were quashed.

What did the court decide?

The impugned article of charges cum show cause notice dated 18.12.2020 was quashed.

Sri S R Roopakumar Vs Bangalore Water Supply and… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:9958 WP No. 7304 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7304 OF 2021 (S-RES)

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BETWEEN:

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SRI S R ROOPAKUMAR, S/O LATE S RAMASWAMY, AGE 68 YEARS, RETIRED CHIEF ENGINEER BANGALORE WATER SUPPLY AND SEWERAGE BOARD R/O NO. 94/I, 8TH CROS, RMV EXTENSION, BANGALORE - 560080.

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…PETITIONER

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(BY SRI. GOVINDARAJ K.,ADVOCATE)

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AND:

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BANGALORE WATER SUPPLY AND SEWERAGE BOARD 1ST FLOOR, CAUVERY BHAVAN

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BANGALORE - 560009.

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Digitally signed REPRESENTED BY ITS by CHAITHRA A THE CHAIRMAN AND DISCIPLINARY AUTHORITY Location: HIGH COURT OF KARNATAKA

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…RESPONDENT

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(BY SRI. B. L. SANJEEV.,ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ARTICLE OF CHARGES CUM SHOW CAUSE NOTICE DTD 18.12.2020 ISSUED BY RESPONDENT VIDE ANNX-C AND ETC.,

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NC: 2024:KHC:9958 WP No. 7304 of 2021

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner, who is retired employee of the respondent, has assailed the article of charges cum show cause notice dated 18.12.2020, issued by the respondent as per Annexure-C.

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Heard learned counsel for the petitioner and

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learned counsel for the respondent.

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The controversy in the captioned petition

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revolves around a narrow compass. This Court is called upon to examine as to whether the article of charges could have been issued to the petitioner in respect of the alleged

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incident dated 31.10.2007 to 05.06.2008. Rule 214(2)(b)(ii) of the Karnataka Civil Services Rules (for short, KCSR Rules) reads as under:

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NC: 2024:KHC:9958 WP No. 7304 of 2021

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"ii. shall not be in respect of any event which took place more than four years before such institution;"

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Having examined the averments made in the captioned petition and having regard to the fact that the petitioner has attained the age of superannuation on 28.02.2013, the impugned article of charges dated 18.12.2020 is not sustainable in the light of the above said rules culled out supra. Rule 214 of the KCSR Rules clearly contemplates that departmental proceedings cannot be initiated against a retired employee in respect of any event

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which took place more than four years before such incident. The impugned article of charges is clearly hit by the above said rules.

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Primarily, the delayed initiation of disciplinary proceedings undermines the petitioner's ability to accurately recollect events and mount a robust defense. This temporal gap significantly diminishes the reliability of memory and the availability of contemporaneous evidence,

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NC: 2024:KHC:9958 WP No. 7304 of 2021

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thereby impeding the petitioner's capacity to present a comprehensive defense. Furthermore, the passage of time may lead to the loss or degradation of crucial evidence and the unavailability of witnesses, severely compromising the petitioner's ability to contest the allegations effectively. Moreover, the substantial delay in initiating disciplinary action engenders the perception of unfairness and arbitrariness in the adjudicative process. The extended lapse of time since the purported transgression may render disciplinary action disproportionate or unjust. The petitioner possesses a legitimate expectation for timely resolution of any disciplinary matters, in adherence to principles of procedural fairness and natural justice. The belated commencement of proceedings not only erodes the petitioner's confidence in the fairness of the process but also contravenes the fundamental tenets of due process and equity. Therefore, the proceedings are liable to be quashed.

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5 - NC: 2024:KHC:9958 WP No. 7304 of 2021

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I have also given my anxious consideration to

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the judgment rendered by the Division Bench in similar

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cases. Referring to the findings recorded by the Division Bench in identical cases, this Court is of the view that the impugned article of charges is liable to be quashed.

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For the reasons stated supra, this Court

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proceed to pass the following:

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ORDER

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i. The writ petition is allowed.

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ii. The impugned article of charges cum show cause notice as per Annexure-C is hereby quashed.

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HDK List No.: 1 Sl No.: 20

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Sd/JUDGE

Sri S R Roopakumar v. Bangalore Water Supply and Sewerage Board

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Sri S R Roopakumar v. Bangalore Water Supply and Sewerage Board

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