Karnataka High Court
WP/12561/2021 of KARNATAKA LOKAYUKTA Vs D P JAMMANAKATTI on 8 September 2026
CNR: KAHC010049302020 NC: 2026:KHC:48722-DB WP No. 12561 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 12561 OF 2021 (S-KSAT) BETWEEN:
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 12561 OF 2021 (S-KSAT)
BETWEEN:
KARNATAKA LOKAYUKTA
M.S. BUILDINGS
DR. B R AMBEDKAR VEEDHI
BANGALORE - 560 001
BY ITS REGISTRAR.
…PETITIONER
(BY SRI. K PRASANNA SHETTY, ADV.)
AND:
1.
D P JAMMANAKATTI
AGED ABOUT 68 YEARS,
S/O PARASAPPA
EXECUTIVE ENGINEER (RETIRED)
CTS NO.6544, SECTOR NO.10
ANJANEYA NAGAR, BELGAVI.
2.
THE STATE OF KARNATAKA
REP. BY ITS SECRETARY TO GOVT.
PUBLIC WORKS, PORTS, INLAND
WATER TRANSPORT DEPARTMENT
M.S. BUILDING
BANGALORE - 560 001.
3.
THE COMMISSIONER FOR TRANSPORT
DELETED VIDE ORDER DATED 23.11.2024
…RESPONDENTS
Digitally signed by
NANJUNDACHARI
Location: High
Court of Karnataka
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED
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ORDER
PASSED BY THE KAT IN APPLICATION NO.5354/2016 DATED 11.07.2018 AS PER ANNEXURE-A.
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)
This writ petition is directed against the impugned order dated 11.07.2018 in Application No.5354/2016 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short “Tribunal”), whereunder the Tribunal directed the State Government i.e., respondent No.2 to settle all pensionary benefits along with interest to the first respondent as on the date of filing the application. The respondent was aged about 65 years as on the date of filing application before the Tribunal. As on this date, the respondent is nearly 75 years of age. The order of Tribunal is dated 11.07.2018 whereas the writ petition was
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filed on 24.01.2020 nearly after 1½ years from the date of passing of the order by the Tribunal.
2. Be that as it may, it is seen that the disciplinary proceedings against the respondent was initiated in the year 2011 in respect of misconduct alleged to have committed by the respondent during the period 1993-94. The enquiry was not completed and it prolonged for a very long period. However, in the meanwhile, the respondent had retired from service on attaining the age of superannuation on 30.04.2012. In the year 2016, the respondent approached the Tribunal praying for settlement of pensionary benefits as the departmental enquiry was not completed and it was prolonged for very long.
3. Taking note of the same, the Tribunal rightly directed the second respondent to settle pensionary benefits of the respondent.
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4. When the enquiry is prolonged for years together that too against a retired official, the Tribunal would be justified in directing settlement of pensionary benefits depending on the peculiar facts of the present case. In the instant case, delay is abnormal and there is no explanation. The delinquent official has a right that disciplinary proceedings against him are concluded expeditiously.
5. We do not find any error or illegality in the order passed by the Tribunal in the peculiar facts of the present case. There is no merit in the writ petition. Accordingly, the writ petition stands rejected.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE
MPK CT:bms