CHANDRASHEKHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Revenue Officer of Town Municipal Counci l, Annigeri, has fi led this writ petition seeking a writ of certiorari and to quash Enquiry report No.UPLOK-1/DE/88/2015/ARE-13, dated 27.9.2019 submitted by 4th respondent (Annexure-H) and recommendation of Upa- Lokayukta dated 01.10.2019 (Annexure-J).

(2.) Shri M.S. Haravi, learned Advocate for writ petitioner submitted that, No opportunity was given to petitioner to properly defend himself before the Enquiry Of ficer; Enquiry Officer was changed during the course of enquiry; Notice of such change was not given to the petitioner; and Enquiry in substance is ex-parte and based on such enquiry, Upa- Lokayukta has sent his recommendation to the Government. Therefore, recommendation made by Upalokayukta is unsustainable in law.

(3.) Shri G.K. Hiregoudar, learned Government Advocate for State submitted that once notice is issued, delinquent off icer is required to attend enquiry proceedings on the date mentioned in the notice and all subsequent dates. In the case on hand, petitioner was served and he appeared for enquiry between 7.5.2015 and 4.8.2016. Thereafter, he has remained absent. Enquiry was concluded on 13.09.2019. Based on the said report of Enquiry Off icer, Upa-lokayukta has made his recommendation to the Government.