B BALAIAH Vs. ENQUIRING AUTHORITY DTO KSRTC

JUDGEMENT

(1.) The petitioner who is a driver in the service of the Karnataka State Road Transport Corporation (Corporation in short) has questioned the legality of the commencement of the disciplinary proceedings against him, when in respect of the same allegation, investigation under the provisions of the Criminal Procedure Code is under progress,

(2.) The facts of the case in brief are as follows: Article of charges dt. 30th Septr., 1982 had been served on the petitioner in connection with the disciplinary proceedings proposed to be held against him by the Corporation. The substance of the charge framed against the petitioner was that he was a party for smuggling sandalwood billets through the bus belonging to the Corporation of which he is driver.

(3.) Sri R. Narayana learned counsel appearing for the petitioner contended that no disciplinary proceeding could have been instituted when in respect' of the same charge a criminal case has been registered against him, and investigation is Under progress.