REGISTRAR Vs. D.RAJANNA

JUDGEMENT

(1.) Aggrieved by the order dtd. 6/4/2018 passed in Application No.7042/2016 by the Karnataka Administrative Tribunal (for short hereinafter referred as 'tribunal') the Registrar, Lokayukta has filed this petition.

(2.) In brief, the contention of the petitioner is that respondent No.1 was working as a Commercial Tax Inspector in the office of the Joint Commissioner of Commercial Taxes(Vigilance), Koramangala. On the basis of the complaint lodged by one Sri. P. Shivanna before the Lokayukta stating that respondent No.1 and another Group-D employee Sri. Prabhuswamy had demanded a bribe of Rs.3,000.00 for issuance of TIN number for his business, a trap was conducted on 31/1/2011 and Prabhuswamy, who was DGO No.2 was caught red handed while accepting the bribe and disciplinary proceedings were initiated against said Prabhuswamy and respondent No.1. Thereafter, State by its Secretary, Finance Department(Commercial Taxes), Bengaluru, entrusted the matter to Hon'ble Upalokayukta under Rule 14-A of Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 (for short hereinafter referred as 'CCA Rules'). Thereafter, inquiry was instituted and inquiry officer submitted the inquiry report stating that the charges leveled against respondent No.1 are proved by report dtd. 22/7/2015. Thereafter, the petitioner submitted the inquiry report alongwith recommendation for imposition of penalty to second respondent-State. Accordingly, the State-second respondent imposed the penalty of dismissing respondent No.1 from the service which was challenged by respondent No.1 before the tribunal.

(3.) The tribunal by order dtd. 6/4/2018 allowed the application and set-aside the order passed by the first respondent and directed to reinstate respondent No.1 into service alongwith all consequential benefits. Hence this petition.