B. S. RAMASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this writ petition has called in question the order dated 27.06.2018, by which a denovo enquiry is directed to be initiated against the petitioner by appointment of a new Enquiry Officer on the same charge sheet that was issued earlier.

(2.) Brief facts leading to the filing of present petition are that, the petitioner was appointed as a First Division Assistant in respondent No.2 Mysore Urban Development Authority (hereinafter referred to as 'Authority' for short) in the year 1996 and when the petitioner was functioning as a First Division Assistant, owing to certain omissions and commissions, by an official memorandum dated 09.12.2003, the Disciplinary Authority placed the petitioner along with others on suspension in contemplation of disciplinary proceedings. It transpires that in the year 2005, after about two years, the order of suspension was revoked and petitioner was reinstated into services, after which, a charge sheet came to be issued against the petitioner on 06.04.2005. Four years after the issuance of charge sheet, the second respondent on 21.04.2009 appointed the Enquiry Officer and the Presenting Officer directing enquiry proceedings to be held in terms of the charge sheet dated 06.04.2005 and to be completed within three months.

(3.) The Enquiry Officer commenced the enquiry proceedings on 04.07.2009. After about 9 years when the Enquiry Officer encountered no cooperation from the hands of the Authority by either producing any document or witness in furtherance of the charge sheet, closed the enquiry and held the petitioner not guilty of the allegations and submitted a report on 03.03.2018 holding the petitioner not guilty of the allegations.