MAHADEV NARASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioner, who is a former Police Constable, has presented this Writ Petition, questioning the jurisdiction of the State to hold a de novo enquiry against him.

(2.) A departmental enquiry had been instituted against the Petitioner on a charge that he had misbehaved with a lady Police Constable. On the basis of the findings recorded in the said enquiry, the Petitioner was removed from service. The Petitioner filed a suit in O.S. 93 of 1975, on the file of the Principal Munsiff, Bijapur. The contention of the Petitioner in the suit was that the Officer, who held the departmental enquiry, was biassed and, therefore, the finding recorded in the enquiry and the penalty imposed were in violation of principles of natural justice. The said plea was accepted and the suit was decreed. Against the said order the State preferred an appeal before the Addl. Civil Judge, Bijapur. The learned Addl. Civil Judge, confirmed the judgment and decree. Thereafter, the State preferred a Second Appeal before this Court in R.S.A. 662 of 1978. By judgment dated 13-12-1979 that Second Appeal was dismissed. Thereafter, a notice dated 14-10-1980 (Annexure G) has been issued proposing to hold a de novo departmental enquiry on the same charge.

(3.) The contention of the Petitioner in this Writ Petition is that in view of the judgment and decree made by the Munsiff, Bijapur, which has been confirmed in First and Second Appeals, the State has no jurisdiction to hold the proposed de novo departmental enquiry on the same charge.