UPA-LOKAYUKTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard, learned Special Public Prosecutor Sri. Venkatesh S. Arabatti for petitioners and also Sri. V. Shiva Reddy, learned AGA for respondents Nos.1 to 3.

(2.) This writ petition is filed challenging the order dtd. 18/9/2020 in Application No.2440/2020 on the file of the Karnataka State Administrative Tribunal, Bengaluru, vide Annexure - A.

(3.) The briefs facts of the case are that respondent No.4 while working as Senior Motor Vehicle Inspector at Assistant Transport Office, Nagamangala, Mandya District and a criminal case has been registered against him on 8/1/2008 in Crime No.1/2008 for the offences punishable under Ss. 7, 13(1)(D) read with 13(2) of the Prevention of Corruption Act, 1988 on the complaint, on 8/1/2008 respondent demanded and accepted illegal gratification of Rs.4,500.00 from the complainant to estimate the value of the vehicle of the complainant. Thereafter, charge sheet was filed in the criminal case in Spl.Case No.40/2009 on the file of the Principal Special Judge at Mandya and during the pendency of the criminal case, departmental enquiry was initiated against the respondent on the same set of facts, pursuant to the issuance of charge memo/articles of charge dtd. 30/4/2011 vide Annexure - A1. Respondent filed detailed reply stating that he reported to duty on the forenoon of 7/1/2008 as Senior Motor Vehicle Inspector, after relieved from Belgaum on 5/1/2008 and accordingly, denied the allegations made in the complaint. Thereafter, enquiry was conducted and enquiry report dtd. 19/3/2019 was submitted as per Annexure - A2 The Upalokayukta, having taken note of the enquiry report recommended for imposition of punishment of permanently withholding 50% of the pension payable to the respondent and pursuant to the same, second show-cause notice dated 04. 04.2019, was issued to the respondent, seeking explanation and thereby, the respondent submitted reply dtd. 31/7/2019 vide Annexure -A5 stating that the finding recorded by enquiry officer are without any basis and illegal. The disciplinary authority, considering the observation made in the enquiry report, issued impugned order dtd. 7/3/2020 vide Annexure - A6 imposing the penalty of permanently withholding 50% of the pension payable to the respondent. Being aggrieved by the same, respondent has approached the Tribunal seeking quashing of Annexure - A6.