GOVINDA KUNTEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed praying this Court to issue writ or order to quash the impugned order dated 27.07.2018 passed by the Karnataka State Administrative Tribunal (' Tribunal for short) in Application No.1015/2017, Annexure-A in so far as it relates to denying the relief as prayed for and consequently, allow the said application and set aside the impugned order of penalty dated 11.01.2017 issued by the first respondent vide Annexure-A11.

(2.) The factual matrix of the case is that the petitioner was initially appointed as Bill Collector on 27.12.1987 and thereafter, promoted to the post of Secretary, Grade-II in the first respondent department. Thereafter, he was further promoted to the post of Secretary-Grade-I. He would contend that he has served the first respondent-Department with great honesty and sincerity right from inception into service to this day.

(3.) It is relevant to note that when petitioner was working as Secretary, Hanchya Panc-hayath, Mysuru Taluk and District, one Smt. Shobha, wife of B. Srinivas purchased a site and thereafter applied for change of khatha of said site in her name. In this connection, the husband of said Shobha has given a complaint before the Lokayuktha Police alleging that petitioner has demanded illegal gratification for change of khatha. On the basis of complaint, case was registered against the petitioner for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 after conducting trap which was numbered as Special Case No.15/2011 on the file of Principal Sessions and Special Judge, Mysuru and the same has ended in acquittal. The Special Court has given a finding that the complaint against the petitioner is not proved, on appreciation of evidence available on record, accordingly acquitted the petitioner. The Lokayuktha Police have not preferred any appeal against the judgment dated 26.12.2012.