RAMESH G. BADIGER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is a retired employee of the fourth respondent - Board has preferred the instant writ petition seeking for the following reliefs:

(2.) The petitioner, who was working as an Account Superintendent at Gadag Division, Gadag had retired from service on attaining the age of superannuation on 31/1/2016. On the allegation of causing financial loss to the respondent - Board, a charge sheet was issued to him on 7/6/2021 and pursuant to the same, an enquiry was held against him. In the said enquiry, the enquiry officer had submitted a report holding that the charges against the petitioner were proved and based on the said report dtd. 31/5/2022 vide Annexure-D, the Disciplinary Authority had issued an order at Annexure-E, dtd. 28/6/2022 withholding the pensionary benefits of the petitioner. Assailing the enquiry report at Annexure-D and the order of punishment at Annexure-E, the petitioner is before this Court.

(3.) Learned counsel appearing for the petitioner submits that, undisputedly the enquiry was commenced against the petitioner with regard to the alleged misconduct after a lapse of more than five years from the date of his retirement on attaining the age of superannuation and therefore, the enquiry is bad in view of Rule 214 of the Karnataka Civil Services Rules. He submits that in identical circumstances, this Court has allowed the writ petition and he has placed reliance on the order dtd. 8/12/2022, passed by the Co- ordinate Bench of this Court in W.P. No.103450/2022.