STATE OF KARNATAKA Vs. A. V. KEMPARANGAIAH

JUDGEMENT

(1.) The above Writ Petition is filed by the State seeking for the following reliefs:

(2.) The necessary facts leading to the present Writ Petition are that the first Respondent who was working as a Block Education Officer was issued with a charge memo alleging that he had received illegal gratification of Rs.5,000.00 to release a cheque of Rs.1.50 lakhs, etc. The first Respondent submitted his reply. Pursuant to the enquiry conducted, the second Respondent - Lokayuktha submitted its enquiry report dtd. 29/4/2019 holding that the charges against the first Respondent are proved and since he had retired from service on 30/9/2016 recommended for imposition of penalty of permanently withholding 50% of the pension. A second show cause notice was issued which was replied by the first Respondent. The disciplinary authority by order dtd. 21/1/2021 imposed a penalty of permanent reduction of 50% of his pension. Being aggrieved, the first Respondent preferred Application No.3148/2021 to quash the penalty order. The Application was opposed by the State. The Tribunal, vide its order dtd. 25/5/2022 allowed the Application. Being aggrieved, the present Writ Petition is filed by the State.

(3.) Learned AGA in support of the Writ Petition submits that the bribe amount was recovered from the first Respondent and the shadow witness has supported the case of the prosecution and hence, the charge against the first Respondent has been sufficiently proved in the Departmental Enquiry. She further submits that the Tribunal erred in setting aside the enquiry report and ought to have dismissed the application filed by the first Respondent.