[Karnataka Civil Services Rules] Enquiry Against Retired Employee Cannot Be Initiated For An Event Which Took Place More Than 4 Yrs Ago: High Court

A single judge bench of Justice SG Pandit allowed the petition filed by Anil Kumar and T. Mallanna, former employees of Karnataka Housing Board, and quashed the Charge Memo as well as appointment of Enquiry Officer.

The bench noted that petitioners retired on 30.06.2018 and 31.08.2020 respectively on attaining the age of superannuation. The charge memo dated 21.06.2022 was issued subsequent to retirement of petitioners. The Charge is against an incident which had taken place in the year 2006.

Then referring to Rule 214 (2)(b)(ii) of the KCSR the bench said, "The above Rule which is applicable to the employees of KHB would not permit initiation of enquiry in respect of an event which took place more than 4 years before such institution in respect of a retired employee."

The petitioners had contended that the charge Memo is barred under KCSR and it is thus liable to be set aside.

However, the government counsel opposed the petition by saying that initially enquiry was initiated against the petitioners while they were in service but they were exonerated of the Charges. Subsequently, on the recommendation of the Public Accounts Committee, the present proceedings were initiated. Thus, there is a continuation of the cause of action.

The Court said, "In the case on hand, initiation of enquiry and issuance of Charge Memo dated 21.06.2022 (Annexure-C) is in respect of an event which took place more than 4 years before such institution against retired petitioners. Thus, the institution of enquiry under Charge Memo is barred by Rule 214 (2)(b)(ii) of KCSRs. Thus, the Charge Memo is not sustainable in law."

Case Title: ANIL KUMAR & ANR v. THE STATE OF KARNATAKA

Case no: WRIT PETITION NO.17708/2022

Citation: 2022 LiveLaw (Kar) 485

Date of Order: 16TH DAY OF NOVEMBER, 2022

Appearance: RANGANATH S. JOIS, ADVOCATE for petitioners; M.V. RAMESH JOIS, AGA FOR R-1; H.L. PRADEEP KUMAR, ADVOCATE FOR R-2.

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