Karnataka High Court
The State Of Karnataka vs R D Nayak on 6 June, 2022
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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WP No. 147724 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 06TH DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
WRIT PETITION NO. 147724 OF 2020 (S-KAT)
BETWEEN:
THE STATE OF KARNATAKA,
REPRESENTED BY
THE PRL.SECRETARY TO GOVERNMENT,
DEPARTMENT OF FOREST,
ECOLOGY AND ENVIROMENT,
VIKASA SOUDHA,
BANGALORE-560 001.
...PETITIONER
(BY SRI. G.K.HIREGOUDAR, HCGP)
AND:
1. R. D. NAYAK
S/O. LATE DEVARAJ.D.NAYAK,
AGE: 59 YEARS,
DEPUTY CONSERVATOR OF FORESTS
AND DIVISIONAL MANAGER,
Digitally KARANATAKA FOREST
signed by J
J
MAMATHA
Location: DEVELOPMENT CORPORATION LTD.,
DHARWAD
MAMATHA Date:
2022.06.10 NEAR KC PARK, DHARWAD.
11:52:29
+0530
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WP No. 147724 of 2020
2. THE REGISTRAR
THE KARNATAKA LOKAYUKTHA,
M.S.BUILDING,
VIDHANA VEEDHI,
BANGALORE-560 001
...RESPONDENTS
(BY SRI. M VINAYA KEERTHY;
SMT.SHRUTHI S.P.,
& SRI. DAYANAND BANDI,ADVOCATES FOR R1;
SRI. ANIL KALE, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER PASSED BY THE HON'BLE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL,
BELAGAVI IN APPLICATION NO.7972/2018 BY ORDER
DATED 06.09.2019 VIDE ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, KRISHNA S.DIXIT, J MADE THE FOLLOWING:
ORDER
This petition essentially relates to a departmental inquiry that eventually arose, under the provisions of the Karnataka Lokayuktha Act, 1984 and Rule 14-A of KCS (CCA) Rules, 1957. After service of notice, the respondents having entered appearance through their counsel, make submission in justification of their impugned order and reasons on which it has been structured.
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2. Having heard the learned counsel for the parties and having perused the petition papers, this court is inclined to grant indulgence in the matter as under and for the following reasons:
i) The contention of learned Government Advocate that the dismissal of first complaint by the Lokayuktha cannot bar a second complaint, appears to be impressive inasmuch as at page No.96 of the Paper Book, the Lokayuktha had negated the earlier complaint vide report dated 06.02.2018 only for want of evidence. Thus, this subject not treated on merits at an earlier stage.
ii) The second ground on which the relief has been granted to the respondent - employee that against the orders granting the Hakku Pathra, an appeal lies is in a sense legally misconceived; appeal may lie, arguably; -4- WP No. 147724 of 2020 however, that per se will not interdict the petitioner - employer from holding disciplinary proceedings against it's employee if grounds do exist therefor.
iii) The contention of the employee that while entrusting the disciplinary enquiry under Rule 14-A of KCS (CCA) Rules 1957, the Government has not duly applied its mind is bit difficult to countenance. It has been held in a plethora of decisions that no "rowing enquiry" would ordinarily be undertaken, at this stage. This aspect of the matter having been wrongly approached by the KAT, there is an error apparent on the face of it's order. In the above circumstances, this Writ Petition is allowed. The impugned order of Karnataka Administrative Tribunal; dated 06.09.2019 is quashed. -5- WP No. 147724 of 2020
Since the delinquent employee is stated to have demitted his office on retirement the enquiry in question shall be completed on a war footing. All contentions of the parties are kept open.
Now, no costs.
Sd/-
JUDGE Sd/-
JUDGE RH