BAUSAB RAJASAB SHIDENUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the orders passed by respondent No.3- the Addl. Registrar for Enquiry-II, Karnataka Lokayukta; recommendation made by respondent No.2-Upa-Lokayukta-I, pursuant to the said order of respondent No.3; the show cause notice issued by respondent No.1 dated 01.06.2016, pursuant to the recommendation of Upa-Lokayukta-I; and the order of respondent No.4, the Managing Director, Karnataka State Financial Corporation imposing the penalty of compulsory retirement on the petitioner pursuant to the enquiry report of respondent No.3 and the recommendation of respondent No.2, the petitioner has preferred this writ petition.

(2.) The petitioner was appointed on 24.06.1996 in the Karnataka State Financial Corporation, Bengaluru as an Assistant. He was subsequently deputed to the Urban Development Department and was posted as a Chief Officer in Bankapur Town Municipality. In the year 2011, a case came to be filed against the petitioner on the allegation made by one Mr. Maltesh that to facilitate him by issuing a No Objection Certificate, to obtain electricity connection from KEB; the petitioner demanded a bribe of Rs.10,000/- and that he was trapped by the Lokayukta Police while receiving the said bribe amount. The alleged incident resulted in a departmental enquiry being conducted against the petitioner by respondent No.3 and also criminal proceedings under the relevant provisions of the P.C. Act before the Prl. District and Sessions Judge, Haveri.

(3.) After the enquiry was completed, respondent No.2 gave a report dated 06.05.2016 finding him guilty of the allegations alleged. Pursuant to the enquiry report, respondent No.2 made a recommendation on 13.05.2016 that the petitioner be imposed penalty of compulsory retirement from the services, pursuant to the recommendation, second show cause notice was issued by the Government to the petitioner on 01.06.2016 asking him as to why action should not be initiated against him as per the recommendation.