Karnataka High Court
Kuvempu University vs Sri.J.S Sadanand on 30 July, 2024
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WA No. 461 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT APPEAL No. 461 OF 2023 (S-R)
BETWEEN:
1. KUVEMPU UNIVERSITY,
JNANASAHYADRI,
SHANKARGHATTA-577451,
BHADRAVATHI TALUK,
SHIMOGA,
REPRESENTED BY ITS REGISTRAR.
...APPELLANT
(BY MS. SANA HUKKERI, ADVOCATE FOR
SRI RAJENDRA KUMAR SUNGAY T. P., ADVOCATE)
Digitally signed AND:
by VALLI
MARIMUTHU
Location: High 1. SRI.J.S. SADANAND,
Court of
Karnataka S/O LATE.J.V.SUBBEGOWDA,
AGED ABOUT 69 YEARS,
PROFESSOR AND DIRECTOR(RETIRED),
'MANISHA', 3RD CROSS,
BEHIND DAYANANDA PRINTERS,
VINOBHANAGAR,
SHOMOGA-577204.
2. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF RURAL DEVELOPMENT,
PANCHAYATH RAJ,
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WA No. 461 of 2023
GOVERNMENT OF KARNATAKA,
M.S. BUILDING,
AMBEDKAR VEEDHI,
BANGALORE-560001.
3. ZILLA PANCHAYATH
REP. BY ITS CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYATH,
LOKIKERE ROAD,
OPP. DOORADARSHANA KENDRA,
DAVANAGERE-577005.
4. DR. SHANKAR PRASAD,
FOUNDER MANAGING TRUSTEE,
SAMPOORNA SWARAJ FOUNDATION,
No.121, D-ROAD,
IDEAL HOME TOWNSHIP,
RAJARAJESHWARI NAGAR,
BANGALORE-560098.
...RESPONDENTS
(BY SRI SHREEDHAR G. BIDRE, ADVOCATE FOR
SRI RAGHAVENDRA G. GAYATRI, ADVOCATE FOR C/R1;
SMT. NILOUFER AKBAR, AGA FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
COMMON IMPUGNED ORDER DATED 30/11/2022 PASSED IN
WP No.53050/2018 (C/W WP 10186/2018) BY THE LEARNED
SINGLE JUDGE OF THIS HON'BLE COURT AND DISMISS THE
SAID WRIT PETITION BY ALLOWING THIS APPEAL.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WA No. 461 of 2023
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: MR. JUSTICE K.V. ARAVIND)
This appeal is directed against the common judgment and
order dated 30.11.2022. This appeal relates to Writ Petition
No.53050 of 2018.
2. The petitioner-respondent No.1 was working as Professor
and Director of Kuvempu University, Shankaraghatta. He retired
from service on 28.02.2015. He was issued notice/charge memo
No.KU:HRM-6/4008:2018-19, dated 14.09.2018 alleging that while
he was working as Coordinator between Kuvempu University and
Sampoorna Swaraj Foundation, he had withdrawn a sum of
Rs.25.00 lakhs in two installments for implementation of the project
namely, Grama Panchayat Workflow Automation and Community
Portal. He has failed to submit the comprehensive statement of
accounts among other charges.
3. The petitioner-respondent No.1 retired from service on
28.02.2015. His pensionary benefits were withheld by the
appellant-University under letter dated 2/4.12.2015. The
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respondent No.1 challenged the withholding of terminal benefits in
Writ Petition No.10186 of 2018. Writ Petition No.53050 of 2018
was filed challenging the notice/charge memo dated 14.09.2018.
Learned Single Judge allowed both the petitions by applying Rule
214(2)(b)(ii) of the Karnataka Civil Service Rules, 1957 [for short
'KCSRs']. Learned Single Judge has held that an enquiry has
been initiated against a retired employee for an event which took
place more than four years before the Institution. Learned Single
Judge under common judgment allowed both the petitions and
quashed the letter withholding terminal benefits and the
notice/charge memo.
4. The appellant-University preferred Writ Appeal No.469 of
2023 against the order of learned Single Judge in Writ Petition
No.10186 of 2018. The present appeal is against the order in Writ
Petition No.53050 of 2018.
5. This Court in Writ Appeal No.469 of 2023 agreed with the
reasons and the view taken by learned Single Judge in light of Rule
214(2)(b)(ii) of KCSRs.
6. The learned single Judge in the impugned order has set
aside the charge memo in light of Rule 214(2)(b)(ii) of KCSRs.
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7. This Court is not persuaded to take a different view nor any
fresh ground is made out to take a different view.
8. No case is made out to interfere with the order of learned
Single Judge. This appeal is meritless and stands dismissed.
9. In view of the order of this Court in Writ Appeal No.469 of
2023 and this order, respondent Nos.1 and 2 are to be directed to
release the retirement benefits to the petitioner.
10. The above exercise shall be completed within eight weeks
from today.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
MV
