LAWS(KAR)-2013-9-61

MUTHAPPA SHIVARY TELI Vs. STATE OF KARNATAKA

Decided On September 27, 2013
Muthappa Shivary Teli Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) A complaint under Sections-7 and 13 of the Prevention of Corruption Act 1988 (hereinafter referred to as 'Act') was registered against the petitioner who was working as a Junior Engineer for the Town Municipal Corporation, Athani. Investigation was conducted and a charge-sheet was filed.

(2.) By an order dated 26.03.2011, the IVth Additional District Judge and Special Judge, Belgaum in Special Case No.78/2008, found the petitioner guilty of the offence punishable under Section-7 of the Act and was sentenced to undergo rigorous imprisonment for a period of 11/2 years and pay a fine of Rs.5,000/-, and in default of payment of the fine to undergo simple imprisonment for a further period of three months. For offence punishable under Section-13 of the Act, he was sentenced to undergo rigorous imprisonment for a period of 2 1/2 years and to pay a fine of Rs.10,000/- and in default of payment of the fine to undergo simple imprisonment for a further period of 6 months.

(3.) By an order dated 27.07.2011, the petitioner was terminated from service. He challenged the same before the Karnataka Administrative Tribunal, wherein by an order dated 02.03.2012, the Tribunal dismissed the application with an opportunity to approach the appropriate forum. Hence he approached the appellate authority. Thereafter, by the impugned order dated 27.07.2011, the second respondent terminated the services of the petitioner. Questioning the same, the present writ petition is filed.