Karnataka High Court
WP/16430/2021 of THE KARNATAKA LOKAYUKTA Vs THE STATE OF KARNATAKA on 5 June 2026
NC: 2026:KHC:26831-DB WP No. 16430 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 16430 OF 2021 (S-KSAT) BETWEEN: THE KARNATAKA LOKAYUKTA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION NO. 16430 OF 2021 (S-KSAT)
BETWEEN:
THE KARNATAKA LOKAYUKTA
REPRESENTED BY ITS REGISTRAR,
THE ADDITIONAL REGISTRAR
OF ENQUIRIES, M S BUILDING,
BENGALURU -560001.
…PETITIONER
(BY SRI. K PRASANNA SHETTY, ADV.)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
WOMEN AND CHILDREN DEVELOPMENT
DEPARTMENT, M S BUILDING,
BENGALURU – 560001.
2.
SMT. DIVYA NARAYANAPPA
W/O M K AMARANTH,
AGED ABOUT 62 YEARS,
RETIRED IN THE BETTER OF JOIN DIRECTOR,
WHILE WORKING AS SECRETARY
OF BAL BHAVAN SOCIETY
UNDER THE DEPARTMENT OF WOMEN
AND CHILD DEVELOPMENT,
BENGALURU- 560001,
R/AT NO.315/C, 9TH A MAIN,
Digitally signed by
NANJUNDACHARI
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
40TH CROSS, V BLOCK, JAYANAGAR,
BENGALURU - 560041.
…RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R1
SRI SREEDHAR G BIDRE, ADV. FOR
SRI RAGHAVENDRA G GAYATHRI, ADV. FOR R2)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER
DATED 01.07.2019 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, BANGALORE IN APPLICATION
NO.8608/2018 AS PER ANNEXURE-A.
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 DR. JUSTICE K.MANMADHA RAO
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The petitioner/Karnataka Lokayukta is before this Court, questioning the order dated 01.07.2019 in Application No.8608/2018 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short “Tribunal”), allowing the application of respondent No.2 by setting aside the order of entrustment of enquiry dated
HC-KAR
28.09.2018 as well as Articles of Charge dated 03.11.2018.
2. Heard learned counsel Sri.K.Prasanna Shetty for petitioner, Sri.Harisha A.S., learned AGA for respondent No.1 and learned counsel Sri.Sreedhar G Bidre for Sri.Raghavendra G Gayathri, learned counsel for respondent No.2. Perused the entire writ petition papers.
3. At the outset, learned counsel for respondent No.2 brings to the notice of this Court that the impugned order passed by the Tribunal was the subject matter of W.P.No.10254/2021 by the first respondent-State Government. The co-ordinate Bench of this Court, by order dated 21.06.2021 dismissed the writ petition holding that the charge memo dated 30.11.2018 is hit by Rule 214(2)(b)(ii) of KCSRs. Thus, he would submit that on the same ground, the present writ petition is also liable to be dismissed.
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4. Learned counsel for the petitioner Sri.Prasanna Shetty is not in a position to dispute the said position though he tried to dispute that Rule 214(2)(b)(ii) of KCSRs would not come to the aid of the second respondent herein.
5. It is noticed that the second respondent retired from service on 30.09.2018. The charge sheet is dated 30.11.2018 and the charge relates to the years 2008 and 2011, as could be found from imputation of charge at page 194 of the pleadings.
6. In the above circumstances, we are also of the view that the charge memo would hit by Rule 214(2)(b)(ii) of KCSRs. Accordingly, the writ petition stands rejected.
SD/- (S.G.PANDIT) JUDGE
SD/- (DR.K.MANMADHA RAO) JUDGE MPK CT:bms List No.: 1 Sl No.: 15