STATE OF KARNATAKA Vs. G.VENKATARAMANAIAH

JUDGEMENT

(1.) This petition is filed challenging the order dtd. 11/8/2021 passed by the Karnataka State Administrative Tribunal(for short hereinafter referred as 'tribunal') in Application No.1311/2021, wherein the application filed by the respondent was allowed and the State was directed to pay all consequential benefits including the monetary benefits to the applicant therein for which he was legally entitled to.

(2.) In brief, the contention of the petitioners-State is that the respondent while working as Deputy Superintendent of Excise during the year 2005-2006 in the office of the Deputy Commissioner of Excise, Bengaluru was issued show-cause notice alongwith charge memo during the year 2005 -2006, on the allegation that the respondent while working as Deputy Superintendent of Excise in the year 2005-2006 in the office of the Deputy Commissioner of Excise, Bengaluru placed a file to the Deputy Commissioner of Excise relating to sanction of CL-7 license without bringing to the notice of the Deputy Commissioner of Excise that the proposed license premise is an objectionable place as per the provisions of Rule 5 of the Karnataka Excise (General Conditions of Licenses) Rules, 1967. An enquiry was instituted and the Enquiry Officer submitted a report stating that the charges against the respondent are proved. A second show-cause notice was issued to the respondent and after consideration of the reply given by the respondent, a penalty order was passed on 10/9/2020 withholding pensionary benefits of 20% for three years as per the provisions of Rule 214(1) (a) of Karnataka Civil Services Rules, 1957.

(3.) The respondent challenged the said penalty order before the tribunal with a prayer to grant all consequential benefits and direct the respondents to release the pensionary benefits like DCRG, CVP and leave encashment benefits etc. The same was allowed by the Tribunal. Hence this petition.