S.E. SRINIVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, who is an Assistant Executive Engineer in the Municipal Administration Department is before this Court under Article 226 of the Constitution of India assailing the order of dismissal (Annexure-E) bearing No. NAAHE 90 DMK 2015 dated 16.12.2017 passed by the 1st respondent-State Government under Rule 14(i) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, (for short 'the Rules'), on conviction of the petitioner for the offences under Section 7, 13(1) (d) r/w Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the PC Act'), in Special Case No. 4/2009.

(2.) Heard Sri V. Lakshminarayana, learned Senior Counsel for Sri L. Srinivasa Babu, learned counsel for the petitioner and Sri V.S. Arbatti for respondent No. 2. Perused the writ petition papers.

(3.) Brief facts of the case are that, while the petitioner was working as Chief Officer of Madikeri Town Municipality, a trap was laid on 20.01.2006 and the petitioner was trapped while accepting bribe amount of Rs. 1,000/- from the complainant. Crime No. 01/2006 for offences punishable under Section 7, 13 (1) (d) r/w Section 13 (2) of the PC Act was registered in Madikeri Lokayukta Police Station. After investigation charge sheet was filed in Special Case No. 4/2009. After trial the learned Principal Sessions Judge, Kodagu-Madikeri, convicted the petitioner for the offences punishable under Sections 7, 13 (1)(d) r/w 13 (2) of the PC Act, by judgment dated 16.04.2015.