V. H. HOOLAGERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned writ petition is filed by the applicant/petitioner feeling aggrieved by the remand order passed by the Karnataka State Administrative Tribunal, Belagavi, (for short 'the KSAT').

(2.) The facts leading to the case are as under: Based on the complaint lodged by one Sri Sangamesh Basappa Jangli before the Lokayukta, against the petitioner/applicant herein working as an Assistant Engineer, Office of the PWD, Sub-Division, Hunagund, Lokayukta on enquiry submitted its report under Sec. 12 (3) to the first respondent/State recommending departmental enquiry against the petitioner herein. Pursuant to recommendation, the first respondent/State entrusted the matter to Upalokayukta to conduct enquiry. The Enquiry Officer having conducted an enquiry submitted his report and opined that charge against petitioner herein stands proved and consequently, recommended to the first respondent/State. The first respondent/State on receipt of 12 (3) report, passed an order imposing penalty by withholding 4 increments for a period of 4 years with cumulative effect, thereby postponing promotion for a period of 4 years.

(3.) The petitioner herein feeling aggrieved by the order of penalty filed an application before KSAT. The KSAT having examined the records allowed the application in part and thereby set aside the order dtd. 2/1/2018 issued by second respondent and consequently, remitted the matter to the first respondent to revise the penalty and pass orders. The said remand order is under challenge by the applicant before this Court.