KHAJA SADDURUDDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The petitioner claims to have been appointed as Junior Engineer in the Public Works Department (PWD for short) and was deputed to the Panchayat Raj Department (PRD for short) and while working as Assistant Executive Engineer in the said Department, vide letter dtd. 26/6/2007, the District Social Welfare Officer of Gulbarga asked the petitioner to inspect and submit a report as regards construction work of the Sakpal Pre-Metric Hostel at Kurikot and an inspection report was submitted. When it was alleged that the petitioner had taken a bribe of Rs.5,000.00, in pursuance thereof, a complaint came to be filed before the Lokayukta Police, Gulbarga, registered as Crime No.9/2007 for the offences punishable under Ss. 7, 13(1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988, wherein he was tried and acquitted on 16/3/2012. Subsequent thereto, suo-moto proceedings were initiated by respondent No.3-Upalokayukta against the petitioner and a report came to be submitted under Sec. 12(3) of the Karnataka Lokayukta Act, 1984. The second respondent-Under Secretary, Rural Development and Panchayat Raj Department vide its order dtd. 9/11/2011 entrusted the enquiry under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short, hereinafter referred to as 'CCA Rules') which inturn came to be entrusted to the Additional Registrar of Enquiries-4 of the Lokayukta on 19/11/2011 vide Annexure-B. The enquiry proceeding having been completed, recommendation was submitted on 28/10/2019 vide Annexure-F. It is thereafter that a show cause notice came to be issued to the petitioner on 15/2/2021 vide Annexure-G. It is challenging the same that the petitioner is before this Court.

(3.) The contention of Sri.Avinash A.Uplaonkar, learned counsel for the petitioner is that,