K.M.Khaji S/O Mohammadmoosa Khaji vs The State Of Karnataka
2024 Latest Caselaw 5591 Kant

Karnataka High Court

K.M.Khaji S/O Mohammadmoosa Khaji vs The State Of Karnataka on 22 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                                -1-
                                                                       NC: 2024:KHC-D:4390
                                                                          WP No. 101207 of 2024




                                            IN THE HIGH COURT OF KARNATAKA,
                                                     DHARWAD BENCH
                                        DATED THIS THE 22ND DAY OF FEBRUARY, 2024
                                                             BEFORE
                                        THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                                        WRIT PETITION NO. 101207 OF 2024 (S-RES)
                                 BETWEEN:
                                 1.   K.M. KHAJI S/O MOHAMMAD MOOSA KHAJI,
                                      AGE. 56 YEARS, OCC. JUNIOR ENGINEER,
                                      R/O. ARVIND NAGAR, WARD NO.20,
                                      TQ. HOSAPETE, DIST. VIJAYANAGARA-583201.

                                 2.   A.Y. KAMBLE S/O YASHWANT KAMBLE,
                                      AGE.55 YEARS, OCC. ASSISTANT COMMISSIONER
                                      ZONE-1, HDMC, R/O. FLAT NO.4, SILVER RESIDENCY,
                                      SIDDESHWARA PARK, VIDYA NAGAR, TQ. HUBBALLI,
                                      DIST. DHARWAD-580021.
                                                                                   ... PETITIONERS
                                 (BY SRI. SABEEL AHMED, ADVOCATE)

                                 AND:

                                 1.   THE STATE OF KARNATAKA,
                                      BY HIS SECRETARY & UNDERSECRETARY,
                                      URBAN DEVELOPMENT DEPARTMENT,
                                      VIKASA SOUDHA, BENGALURU-560001.

              Digitally signed
              by
                                 2.   THE PROJECT DIRECTOR,
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI    M KANKUPPI
              Date: 2024.02.27
                                      DISTRICT URBAN DEVELOPMENT CELL,
              15:38:46 +0530

                                      KOPPAL, DIST. KOPPAL-583231.
                                                                                    ... RESPONDENTS
                                 (BY SRI. BASAVARAJ GODACHI, AGA)

                                           THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
                                 THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
                                 CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE
                                 IMPUGNED SHOW CAUSE NOTICES DATED. 15-06-2020 BEARING NO.
                                 ¸ÀASÉå: £ÀCE 24 rJAPÉ 2015 ALONG WITH ARTICLES OF CHARGES ISSUED BY
                                 THE RESPONDENT NO.1 AS ANNEXURE-B AND B1 AGAINST THE
                                 PETITIONERS AND ETC.

                                      THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                                 COURT MADE THE FOLLOWING:
                                 -2-
                                       NC: 2024:KHC-D:4390
                                        WP No. 101207 of 2024




                               ORDER

1. It is not in dispute that article of charge which

had been issued to a co-employee was subject matter of

challenge before this Court in W.P.No.105156/2021 and

this Court, by an order dated 27th of October 2022, has

taken the view that a charge sheet issued in respect of

allegations pertaining to the period of 2010-2011 to 2012-

2013 could not be issued after s lapse of ten years. The

Court took the said view on the basis of a judgment of the

Division Bench of this Court in W.P.No.6116/2020 and

proceeded to quash the charge sheet.

2. Since the impugned charge sheet was also the

subject matter of the writ petition in

W.P.No.105156/2021, on the same analogy, the impugned

charge sheet is liable to be quashed and is accordingly

quashed.

The petition is therefore allowed.

Sd/-

JUDGE EM/CT:BCK