MALLAPPA BASAPPA Vs. CONTROLLER OF WEIGHTS AND MEASURES

JUDGEMENT

(1.) The petitioner, who is an Asst. Controller of Weights and Measures, has presented this writ petition, praying for the issue of a writ of prohibition to the respondents directing them not to proceed with the departmental inquiry which has been instituted against him.

(2.) The facts of the case in brief, are as follows : The Controller of Weights and Measures who is the Head of the Department framed certain charges, vide Annexure C and communicated them to tht petitioner. After the petitioner filed his written statement vide Annexure-D, denying the charges, the Controller considered that the charges should be inquired into and, therefore, he decided to appoint an inquiring authority to inquire into the charges framed against the petitioner under sub-rule (2) read with sub-rule (5) of R. 11 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 ('Rules' for short). He chose to appoint the Dy. Commr. of Inquiries, State Vigilance Commission, Banglore, as the inquiring authority by order dt. 22-12-1982, copy of which is produced as Annexure-E. It reads :

(3.) Sri N.B.Bhat, learned counsel for the petitioner urged the following three contentions :