STATE OF KARNATAKA Vs. UMESH

JUDGEMENT

(1.) The appeals arise from a judgment dtd. 29/11/2017 of a Division Bench of the High Court of Karnataka at the Kalaburagi Bench. The High Court set aside the judgment of the Karnataka Administrative Tribunal dtd. 25/4/2016 directing the compulsory retirement of the respondent from service following a disciplinary enquiry on charges of bribery.

(2.) The respondent was working as a Village Accountant at Revathagao in Indi Taluka of Bijapur District in Karnataka. The charge against the respondent is that he demanded a bribe for deleting the name of a person from Column No. 11 of the RTC with regard to land bearing Survey No. 54, situated at Shirdona Village. A criminal complaint was registered with the Lokayukta police against the respondent for the commission of an offence punishable under Ss. 7 and 13(1) (d) read with Sec. 13 (2) of the Prevention of Corruption Act 1988. After the investigation, a charge sheet was submitted against the respondent by the Lokayukta police in Special Case No. 20 of 2011 in the Court of Special Judge at Bijapur. During the course of the trial before the Special Judge at Bijapur, the prosecution examined seven witnesses. Twenty-two exhibits were marked in evidence. The respondent examined one witness and an exhibit was marked at his behest. By a judgment dtd. 23/10/2013, the Special Judge gave the benefit of doubt to the respondent and acquitted him of all charges.

(3.) A disciplinary enquiry was initiated under Sec. 7(2) of the Karnataka Lokayukta Act 1984. Taking note of the complaint, and the fact that the phenolphthalein powdered currency notes were seized from the respondent, the Karnataka Upa Lokayukta-1 held that a prima facie case was established. By an order dtd. 23/4/2012, exercising powers under Sec. 12(3) of the Karnataka Lokayukta Act 1984 and Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules 1957("1957 Rules"), the Upa Lokayukta-1 recommended the initiation of disciplinary proceedings against the respondent. On 7/8/2012, the Government of Karnataka entrusted the case to the Upa-Lokayukta for enquiry under Rule 14 (A) of 1957 Rules. By an order dtd. 14/8/2012, the Upa Lokayukta nominated the Additional Registrar of Enquiries in the Karnataka Lokayukta as the inquiry officer for framing the charge and conducting the inquiry. The following article of charge was framed in the course of the enquiry: