LAWS(KAR)-2023-6-730

STATE OF KARNATAKA Vs. BASAVARAJ KUKUNDA

Decided On June 12, 2023
STATE OF KARNATAKA Appellant
V/S
Basavaraj Kukunda Respondents

JUDGEMENT

(1.) Heard the learned AGA appearing on behalf of the petitioners.

(2.) The writ petition is by the Principal Secretary, DPAR and the Principal Secretary, Department of Public Works and are before this Court being aggrieved by the order rendered by the Tribunal in Application No.3662/2021 dtd. 25/5/2022, whereby the Tribunal was pleased to exonerate the respondent No.1 of all wrong doing while allowing the application and setting aside the findings of the Enquiry Officer and has further been pleased to render a categorical finding in paragraph No.8, which reads as under:-

(3.) On a reading of the above, it is apparent that the Tribunal has virtually castigated the petitioners for trying to implicate respondent No.1. In other words, it has clearly stated that the person guilty for directing the cancellation of the tenders is one Under Secretary to Government, Public Works Department, who by his communication dtd. 25/10/2000 to the Chief Engineer, Communication and Buildings, Dharwad has been pleased to direct the Chief Engineer to cancel the tenders received on 30/9/2000. The Tribunal has rendered a factual findings, which clearly demonstrates the perversity of the Enquiry Report and discredits the error filled Enquiry Report.