CHANDRASHEKAR S GOLSANGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has assailed the order dtd. 26/6/2018 passed by the Karnataka Administrative Tribunal (for short hereinafter referred to as 'the KAT') in Application No.4318 of 2018 vide Annexure-J and has also sought for quashing of the report forwarded to Government of Karnataka under Sec. 12(3) of Karnataka Lokayukta Act, 1984 vide Annexure-B, and such other reliefs.

(2.) The brief facts of the case are that one Mr. Nagaraj, Electrical Contactor, lodged a complaint with the Lokayukta Police, Bangalore City Division stating that he had made an application for issuance of No-objection Certificate in respect of installation of 100 KVA Transformer at Bharat Petroleum Petrol Bunk in HRBR at Bangalore with the petitioner. The complainant alleged that petitioner had demanded illegal gratification of Rs.10,000.00 for issuance of No-objection certificate. Since the complainant was not willing to pay the demanded amount, he had approached the Lokayukta Police, and on the basis of complaint so lodged, second respondent registered a case in Crime No.34 of 2006 for the offences punishable under Sec. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988.

(3.) Petitioner was trapped on 19/9/2006 in the presence of complainant, panchas and staff, and the Investigation Officer seized the tainted notes of Rs.10,000.00from the petitioner under mahazar and after following post-trap formalities and had also recorded the statements of the petitioner, complainant and panchas, charge sheet/final report came to be submitted before the competent court. In the meanwhile, the first respondent herein has initiated disciplinary proceedings against the petitioner by entrusting the disciplinary enquiry to the second respondent, in pursuance of the recommendation made by the Upa Lokayukta under Sec. 12(3) of the Karnataka Lokayukta Act, and thereafter, second respondent has issued Articles of Charge to the petitioner on 1/10/2012 vide Annexure-D, to which petitioner has submitted his statement of defence.