UNION OF INDIA Vs. R. SHANKARAPPA

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is arising out of judgment and order dtd. 18/11/2022 in Writ Petition No. 14475/2022 (hereinafter referred to as, "Impugned Order") passed by High Court of Karnataka at Bengaluru (hereinafter referred to as, "High Court") by which the High Court has set aside the order passed by the Central Administrative Tribunal, dtd. 23/6/2022, in Original Application No. 170/00457/2021.

(3.) The facts of the case reveal that the respondent, Sri R. Shankarappa, was an employee serving the Department of Telecommunication as Sub Divisional Engineer, Group 'B' and was posted at Karnataka LSA (Licensed Service Area) DOT, Bengaluru. He retired from the service after attaining the age of superannuation on 31/5/2018. In 2003, the Respondent was subjected to prosecution by the Central Bureau of Investigation in two cases; namely, Case No. 1 i.e. Special CC No. 42/2003 instituted for offences punishable under Ss. 7 & 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as, "PCA") for allegedly demanding and accepting a bribe of Rs.1.00 lakh from a Contractor, and Special CC No. 92/2003 instituted for offences punishable under Sec. 13(1)(e) read with Sec. 13(2) of the PCA for allegedly possessing assets disproportionate to his known source of income. Respondent was convicted in both cases. The record before this Court reflects that the respondent preferred Criminal Appeal Nos. 195/2014 and 277/2014 before the High Court against his conviction, wherein the High Court has stayed his conviction as well as his sentence vide orders dtd. 8/4/2014 and 22/4/2014, respectively. The criminal appeals are pending as on date.