V.S. HIREMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing for the respondent No. 1. In view of short point that involved in the present petitions, notice to respondent No. 2 is dispensed with.

(2.) The petitioner is before this Court being aggrieved by the order of the Karnataka State Administrative Tribunal ('Tribunal', for short) passed in Application No. 4868/2018 dated 25.09.2019, whereby the Tribunal has been pleased to reject the application on the short ground that the material that was produced as Annexure-A7 being the statement of accounts pertaining to transfer of the funds to the beneficiaries by way of RTGS has not been produced before the enquiry officer i.e., Additional Registrar of Enquiries-3, Karnataka Lokayukta vide Annexure-A4. The enquiry authority has enclosed a copy of the complaint made by the husband of one Councilor and called upon the petitioner and another to submit their reply to the allegation that the Government subsidies to the residence of Gram Panchayat for construction of toilets has not been released in respect of 50 beneficiaries.

(3.) It is the case of the petitioner that right from his reply to the Lokayukta he has clarified everyone of the allegations with supporting documents, which is completely ignored right from the initial stages of the proceedings. In the enquiry proceedings he has engaged the services of the counsel and that he had handed over the documents pertaining to the RTGS transfers effected into the account of the beneficiaries which is produced as Annexure-A7 and that his counsel for reason best known did not participate and assist the enquiry and he was not put on notice regarding the same. He was deprived of an opportunity to place it before the enquiry authority.