S. MURTHY Vs. SPECIAL BOARD

JUDGEMENT

(1.) In the instant petition, petitioner has assailed the order of suspension dated 27.12.2018 passed under Rules 8 and 9(o) read with Schedule - II of The Karnataka Legislative Assembly Secretariat (Recruitment and Conditions of Services) Rules, 2003 (Hereinafter referred to as 'Rules, 2003' for short) and Rule 10 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (Hereinafter referred to as 'CCA Rules' for short) by the Office of the Karnataka Legislative Assembly Secretariat (Hereinafter referred to as 'KLAS' for short) under the orders of Special Board on the allegation that petitioner while working as a Secretary in the office of the KLAS, during the period 2016-17 when Winter Session was in vogue at Belagavi's Suvarna Vidhana Soudha for which certain expenses was incurred by the Government, in this regard, petitioner is alleged to have committed certain financial irregularities. Arising out of these events, the then Speaker sent a note on 23.11.2018 to the Chief Secretary to initiate a discreet inquiry and submit a report within a week. Pursuant to the aforesaid note Finance Department constituted a team of 5 members, headed by Additional Director for Karnataka State Accounts Department. Report was forwarded by the Chief Secretary. KLAS is of the opinion that there were certain alleged financial irregularities stated to have been committed by the petitioner. Thus, he was placed under suspension on 27.12.2018.

(2.) Petitioner feeling aggrieved by the order of suspension dated 27.12.2018 presented this petition on various grounds and he has also sought for an interim relief. On 26.03.2019, the matter was heard for consideration of interim prayer and it was rejected. Petitioner aggrieved by the rejection of interim relief, preferred Writ Appeal No.1040/2019 and Writ Appeal was disposed of on 19.12.2019 Extract of the order reads as under:

(3.) Petitioner feeling aggrieved by the issuance of show-cause notice and articles of charges dated 02.02.2019 filed Writ Petition No.11518/2019 wherein he had sought for an interim relief. The matter was adjourned at the behest of the respondents from time to time. Ultimately, on 04. 09.2019, this Court passed the following Order: