GANGADHAR SHIVALINGAPPA NAGMOTI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner was a member of the Mysore Judicial Service in the rank of Subordinate Judge. In this petition, he has assailed the disciplinary proceedings against him culminating in an order retiring him from service compulsorily.

(2.) We may now state the material facts which are not in dispute. In the year 1963 the petitioner was working as the Principal Subordinate Judge in Bangalore. On 8-10-1963 one Annappa Setty (examined as P.W. 9 in the disciplinary enquiry) submitted a complaint to the Director, Anti-Corruption, making certain allegations against the petitioner regarding the dsposal of a steel almirah which had been attached in an execution case pending before him.

(3.) The said Director forwarded that complaint to the High Court on 13-10-1963. On 14-10-1963 the Hon'ble Chief Justice requested Mr. Justice Narayana Pai to hold a preliminary enquiry on that complaint and to report. After holding a preliminary enquiry, Mr. Justice Narayana Pai sent a report in which he stated that in his opinion there was a prima facie case for instituting disciplinary proceedings against the petitioner. On the report of the preliminary enquiry, the Hon'ble Chief Justice directed on 19-10-1963 that the Governor might be moved to appoint Mr. Justice K. S. Hegde as the Specially Empowered Authority to hold a Departmental enquiry against the petitioner. In pursuance of that direction the Registrar-in-charge of the High Court addressed on 23-10-1963 a demi-official letter to the Secret ary to the Government of Mysore in Home Department stating that he (the Regisrar-in-charge) was directed to request the Secretary to move the Governor to appoint Mr.Justice K. S. Hegde as the Specially Empowered Authority to hold a Departmental Enquiry into the conduct of the petitioner under Rule 11 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957. Purporting to act in exercise of the powers conferred by that Rule, the Governor of Mysore, by his order dated 8-11-1963, specially empowered Mr. Justice K. S. Hegde, Judge of the High Court of Mysore, to exercise the powers and perform the functions of the Specially Empowered Authority under said Rule in respect of the disciplinary proceedings against the petitioner.