Karnataka High Court
WP/10554/2022 of THE KARNATAKA LOKAYUKTHA Vs THE STATE OF KARNATAKA on 15 September 2026
CNR: KAHC010235382022 NC: 2026:KHC:50110-DB WP No. 10554 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 10554 OF 2022 (S) BETWEEN: THE
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 10554 OF 2022 (S)
BETWEEN:
THE KARNATAKA LOKAYUKTHA,
REP BY ITS REGISTRAR,
M. S. BUILDING,
K. R. CIRCLE, BENGALURU-560001.
…PETITIONER
(BY SRI. K.PRASANNA SHETTY, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF AGRICULTURE,
M. S. BUILDING, AMBEDKAR VEEDHI,
BENGALURU-560001.
2.
SRI. THEETHIRA N. APPACHU,
S/O. SRI. T. M. NANJAPPA,
AGED ABOUT 49 YEARS,
DEPUTY CHIEF ELECTRICAL INSPECTOR
BENGALURU SOUTH CIRCLE,
NO.53/2, II FLOOR,
BEHIND NIJAGUNA KSHETRA,
BULL TEMPLE ROAD,
BASAVANAGUDI, BENGALURU-560019.
…RESPONDENTS
(BY SRI. S.C. DESHMUKH, AGA FOR R1;
SRI. PREMA KUMAR P., ADVOCATE FOR R2)
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
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ORDER
PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO.6253/2018 DATED 08/07/2019 (ANNEXURE-B) BY ISSUING APPROPRIATE WRIT, ORDER OR DIRECTION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Petitioner-Lokayukta represented by his Registrar is before this Court questioning order dated 08.07.2019 in Application No.6253/2018 passed by the Karnataka State Administrative Tribunal, Bengaluru, whereby the order of entrustment of enquiry dated 13.07.2018 (Annexure-A3) under Rule 14-A of KCS (CCA) Rules is quashed.
2. Heard learned counsel Sri.K.Prasanna Shetty for petitioner as well as learned AGA Sri.S.C.Deshmukh for respondent No.1.
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3. The respondent was before the Tribunal questioning the Government Order dated 13.07.2018 issued under Rule 14-A of KCS (CCA) Rules, entrusting the enquiry to the petitioner-Lokayukta in respect of an event that is trap which had taken place on 13.08.2003. The Tribunal taking note of the fact that there is inordinate delay in initiating the enquiry and noticing the said delay, quashed the articles of charge. Though the trap was on 13.08.2003, Government issued Government Order on 13.07.2018 under Rule 14-A of KCS (CCA) Rules entrusting the enquiry to the petitioner-Lokayukta. There is 15 years long delay in referring the matter to Lokayukta.
4. Apart from the above, there is a delay of nearly three years in approaching this Court by the petitioner- Lokayukta. The impugned order by the Tribunal is dated 08.07.2019, whereas the present writ petition was filed before this Court on 27.05.2022, nearly three years from
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the date of Tribunal's order. The petitioner has not made any averment with regard to delay. No doubt, no limitation is prescribed to file a petition under Article 226 of the Constitution of India, however, catena of decisions would make it clear that a person who invokes jurisdiction under Article 226 of the Constitution of India, shall approach the Court within a reasonable time. Three years delay, that too by the petitioner-Lokayukta, cannot be considered as a reasonable delay.
5. For the reasons recorded above, we dismissed the writ petition. Sd/- (S.G.PANDIT) JUDGE Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 4