Karnataka High Court

WP/23602/2023 of SR. R JAGADEESHA Vs THE STATE OF KARNATAKA on 23 June 2026

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NC: 2026:KHC:31127-DB WP No. 23602 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 23602 OF 2023 (S-KSAT) BETWEEN: SRI. R.JAGADEESHA S/O D K

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF JUNE, 2026

PRESENT

THE HON'BLE MR. JUSTICE S.G.PANDIT

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K

WRIT PETITION NO. 23602 OF 2023 (S-KSAT)

BETWEEN:

SRI. R.JAGADEESHA

S/O D K RAMASWAMY,

AGED 64 YEARS

R/A AT 415/B, LEVEN HILL VIEW

1ST FLOOR,7TH MAIN

HANUMANTHA NAGAR

BENGALURU – 560 019

…PETITIONER

(BY SRI. ANUPARNA BORDOLOI.,ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REP BY ITS PRINCIPAL SECRETARY

DEPARTMENT OF COMMERCE

AND INDUSTRIES

M S BUILDING,

DR AMBEDKAR VEEDHI,

BENGALURU – 560 001

2.

THE DIRECTOR

DEPARTMENT OF MINES AND GEOLOGY

KANIJA BHAVAN

RACE COURSE ROAD

BENGALURU – 560 001

3.

THE HON’BLE LOKAYUKTA

REP BY ITS REGISTRAR

M.S. BUILDING

Digitally signed by

NANJUNDACHARI

Location: HIGH

COURT OF

KARNATAKA

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DR AMBEDKR VEEDHI

BENGALURU – 560 001

4.

THE ADDITIONAL REGISTRAR OF ENQUIRES 2

KARNATAKA LOKAYUKTA

MS BUILDING

DR AMBEDKAR VEEDHI

BENGALURU – 560 001.

…RESPONDENTS

(BY SRI. HARISHA. A.S., AGA FOR R1 & R2; SRI. VENKATESH .S. ARABATTI, ADVOCATE FOR R3& R4)

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF

CERTIORARI OR ANY OTHER WRIT OR ORDER TO SET ASIDE

THE IMPUGNED ORDER DATED 19/08/2021 PASSED IN

APPLICATION NO.6858/2017 BY THE KARNATAKA STATE

ADMINISTRATIVE TRIBUNAL (ANNEXURE-A) AND ISSUE A

WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER

ALLOWING THE APPLICATION FILED BY THE PETITIONER IN

A.NO.6858/2017

BEFORE

THE

KARNATAKA

STATE

ADMINISTRATIVE

TRIBUNAL

AS

PRAYED

FOR

THEREIN

(ANNEXURE-B)

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 RAJESH RAI K

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ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The petitioner, a retired First Division Assistant is before this Court, under Article 226 of the Constitution of

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India, questioning the order dated 19.08.2021 in Application No.6858/2017 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short “Tribunal”), by which, the petitioner’s request or prayer to quash the Government Order dated 08.10.2013 entrusting enquiry to the 3rd respondent-Lokayukta and Articles of Charge dated 02.08.2016 is rejected.

2. Heard Smt.Anuparna Bordoloi, learned counsel for the petitioner, learned Additional Government Advocate for respondents No.1 and 2 and Sri.Venkatesh S Arbatti, learned counsel for respondents No.3 and 4. Perused the entire writ petition papers.

3. Learned counsel for the petitioner would submit that there is inordinate delay in concluding the enquiry. It is submitted that Articles of Charge was issued on 02.08.2016 which was modified on 01.08.2023. Till today, the Enquiry Officer has not concluded the enquiry by submitting the report. Further, it is submitted that written

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arguments were filed by both the Presenting Officer as well as the counsel appearing on behalf of DGO. However, the matter is being adjourned from time to time for further hearing. Thus, it is prayed to direct to conclude the enquiry expeditiously or within a time frame.

4. Sri.Venkatesh S Arbatti, learned counsel for respondents No.3 and 4 would submit that the enquiry is posted to 30.06.2026 for further hearing and if some reasonable time is granted, the Enquiry Officer would submit his report.

5. It is true that prolonged enquiry would prejudice the case of the delinquent official. Moreover, in the instant case, the petitioner has retired from service on attaining the age of superannuation in the year 2019. Therefore, it would be expedient to conclude the enquiry early. In the facts and circumstances, taking note of the fact that the enquiry is commenced by issuing Articles of Charge in August 2016, we direct respondents No.3 and 4 to

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conclude the enquiry and submit the report within 31.07.2026.

Accordingly, the writ petition stands disposed of.

It is made clear that respondents No.3 and 4 shall not seek for further extension of time and even if asked, the Court would not consider the same .

It is also made clear that soon after the report is submitted, the same shall be forwarded to the Government for taking appropriate decision.

SD/- (S.G.PANDIT) JUDGE

SD/- (RAJESH RAI K) JUDGE MPK CT:RK List No.: 1 Sl No.: 21

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