STATE OF KARNATAKA Vs. M L KAMALA

JUDGEMENT

(1.) The respondent joined service as Sub-Registrar w.e.f. 26.04.1976 and she was promoted subsequently as Senior Sub-Registrar w.e.f. 28.04.1989. Based on certain allegations the respondent was kept under suspension in the year 1992 and departmental enquiry was initiated against the respondent on 24.07.1997 by issuing Articles of Charge. Pursuant to departmental enquiry the respondent's promotion was over-looked by the Departmental Promotional Committee and her juniors were promoted and on 16.8.2000 the enquiry was concluded and the respondent was imposed with punishment of one increment with cumulative effect. Consequently, no promotion was granted to the respondent. Once again on 18.5.2002, the Officials of Lokayuktha raided the office of the respondent. Based on certain allegations again the departmental enquiry was sought to be held on 23.12.2002 and Articles of Charge was served on the respondent and others by Lokayuktha. In the meanwhile, the Departmental Promotional Committee once again over looked the promotion of the respondent.

(2.) It is brought to the notice of the Court by the learned Advocates on record that the respondent has attained the age of superannuation and retired from service in the year 2011. Therefore, the prayer of the respondent for promotion has to be considered for the purpose of monetary and pensionary benefits only.

(3.) It is relevant to note that one Mr. G. Suresh against whom similar allegations arising out of the same departmental enquiry of the year 2002 was denied promotion on the ground that the enquiry is pending consideration. Said G. Suresh approached KAT in Application No. 5072/2007. In the said matter the Tribunal relying upon the earlier decision of its own in some other case directed that if the enquiry initiated against the applicant is not completed within a period of six months from the date of order and if the delay is not on account of omission and commission on the part of the claimant in higher post under Rule 32 of the KCSRs. his request for promotion shall be considered.