A.K. CHOWDEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is before this Court under Articles 226 and 227 of the Constitution of India, praying for quashing the Order dated 26.07.2012 passed in Application No. 7389/2011 on the file of Karnataka Administrative Tribunal at Bangalore, at Annexure 'A' and Annexure 'A2' on the file of respondent.

(2.) Brief facts of the case leading to the filing of the writ petition may be stated as under:

(3.) Learned counsel for the petitioner submits that the Government, by its Order dated 19.04.2011, have directed the Executive Engineer of Irrigation Department, Gulbarga to lodge a complaint against the present petitioner for the alleged misappropriation of funds from 14.12.1995 to 17.07.2000 as an Assistant Executive Engineer in Water Resources Department. He submits that according to Rule 214(3) of KCSR, no jurisdiction to initiate prosecution for an event that had taken place four years before the institution of such complaint, but the Tribunal erred in holding that Rule 214(3) does not bar initiating criminal action. He relies on a decision dated 19.06.2012 (unreported) made in Writ Petition No. 16385/2008 (S.G. Kumaraswamy vs. The Secretary, Revenue Department and three others) on the point that no judicial proceedings can be initiated against the Government servant in respect of an event which took place four years before the initiation of such proceedings.