K.A. VENKATESH Vs. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION REPRESENTED BY ITS PRINCIPAL SECRETARY

JUDGEMENT

(1.) THE order dated 18.6.2013 passed in Application No. 3277/2012 by the Karnataka Administrative Tribunal (for short 'Tribunal') is called in question in this writ petition. While the petitioner was working as Joint Director of Co -operative Societies, the Departmental Promotion Committee (for short 'DPC') met on 16.5.2012 and recommendation was made to consider promotion of the petitioner and others. The promotion, however, was not effected in the case of petitioner, though the promotion was effected in respect of others, whose names the DPC has recommended. The reason being that a charge memo was issued against the petitioner on 30.5.2012. Thus he approached the Tribunal in Application No. 3277/2012 seeking a direction to accord promotion to him on the basis of recommendation of the DPC. The application filed by him came to be dismissed by the impugned order.

(2.) SRI Bhagwat, learned Advocate appearing on behalf of the petitioner, drawing attention to the Official Memorandum dated 14.7.1993 and the judgment of the Apex Court in the case of Union of India (UOI) and Others Vs. Sangram Keshari Nayak, JT (2007) 6 SC 272 , submits that the respondent is not justified in withholding promotion to the petitioner since the DPC had already recommended the name of petitioner and no enquiry was pending against him as on the date of recommendation made by the DPC.

(3.) THE writ petition is opposed by Sri Bajentri, learned Government Advocate appearing for the respondent by drawing attention to the Official Memorandum dated 14.7.1999 issued by the State Government by which the earlier Official Memorandum dated 14.7.1993 was amended.