NARAYANA RAO Vs. STATE OF KARNATAKA & OTHERS

JUDGEMENT

(1.) The petitioner was working as a police Constable in the State Armed Reserve in the establishment of the police. Department of the respondent-State. He was charge-sheeted before the Metropolitan Magistrate IV Court, Bangalore City for black-marketing Cinema tickets in a theatre called Nalanda on Bangalore-Mysore Road. Simultaneously a Departmental enquiry also was initiated against the petitioner.

(2.) The Metropolitan Magistrate, IV Court, Bangalore City, acquitted the petitioner of the charge of committing an offence under S. 55(3) (i) and (ii) of the Karnataka Cinemas Regulation Act, 1961. However, in the departmental enquiry the petitioner was found guilty of the charge and he came to be dismissed from service. He appealed to the higher authority and the Government and the same did not meet with success. Aggrieved by the order of dismissal passed by Respondent-3 and confirmed in appeal and revision by respondent-2 and I respectively, the petitioner has approached this Court under Art. 226 of the Constitution inter-alia contending that the departmental enquiry was vitiated in as much as [the evidence dis-believed by the Magistrate has been relied upon by the Enquiry Officer and the petitioner found guilty.

(3.) Sri M. Narayanaswamy, learned Counsel appearing for the petitioner strenuously contended relying upon the following passage of the author in the Services under the State (Page 335).