KARNATAKA LOKAYUKTA Vs. HANAMANTHRAYA

JUDGEMENT

(1.) This petition is by the Karnataka Lokayukta, and is filed calling in question the Karnataka State Administrative Tribunal's order dtd. 22/11/2019 in Application No.3424/2017. The Karnataka State Administrative Tribunal (for short, 'the Tribunal') has quashed the second respondent's order dtd. 15/3/2017, and the second respondent by this order dtd. 15/3/2017 has imposed the penalty of compulsory retirement against the first respondent.

(2.) A short conspectus of facts leading to the present proceedings would be that the first respondent, at the relevant time, was working as the Headmaster of Higher Primary School, Kokatanoora Thanda, Sindagi Taluk. On a complaint lodged by the father of a ward (V standard student who was shifted from that school to another school) with the jurisdictional Lokayukta police alleging that the first respondent had demanded a sum of Rs.200.00 to issue marks sheet, the Lokayukta police have laid a trap. These proceedings have ultimately resulted in filing of charge sheet against the first respondent and initiation of disciplinary proceedings. The criminal proceedings in Special Case No.6/2011 has culminated with the first respondent's acquittal with the Special Court holding that the Lokayukta had failed to establish demand and in the absence of a demand, a mere successful trap would not suffice to sustain a conviction under the Prevention of Corruption Act, 1988.

(3.) As regards the departmental proceedings, the enquiry is entrusted to the Lokayukta under the relevant service rules. The enquiry is conducted by one of the Registrars with the Lokayukta. The Registrar's report is that the charge of demand of bribe against the first respondent is proved. The first respondent is issued with second show-cause notice after this report, and the concerned disciplinary authority has imposed the penalty of compulsory retirement as aforesaid.