D MUNIYAPPA Vs. ADDITIONAL REGISTRAR OF ENQUIRIES

JUDGEMENT

(1.) THE petitioner is seeking to quash the departmental enquiry initiated by the respondent, a copy of which is produced at Annexure-A and further for a direction to respondent 1 to hear the objections regarding maintainability as per Annexure-B.

(2.) THE matter arises in the following manner: THE petitioner was working as a Tax Inspector with the second respondent. One Nagaraj lodges a complaint with the Lokayukta Police alleging that when he approached one Seshadri, Assessor for assessing the property, he had demanded bribe and ultimately settled the bribe amount of Rs.8,000. Since he did not want to give bribe, he approached the Lokayukta Police and filed a complaint to take action against the said Seshadri and also the petitioner. Suffice it to say that Lokayukta Police have filed charge-sheet and the matter is pending trial in Special CC No. 142 of 2005 and all the material seized during the investigation are pro-' duced in the said case. In the meantime, departmental enquiry is initiated as against the petitioner. THE main objection of the petitioner before the Enquiry Officer is that the proceedings initiated in the Criminal Court as well as the departmental enquiry are one and the same. THE imputations and the charges are also identical. Hence, the departmental enquiry be deferred until the Criminal Court decides the issue.