B K KANAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this petition under article 226 of the Constitution of India is presented by the petitioner who belonged to the Karnataka judicial service. Disciplinary inquiry was instituted against him in departmental enquiry case No. 6/88 while he was in the cadre of civil judges to answer the following four charges:

(2.) the statement of imputation in support of the charges, the list of documents, and the list of witnesses were furnished to the petitioner. The petitioner submitted his written statement on 2-6-1988 denying all the charges. The disciplinary authority on consideration of the statement filed by the petitioner decided to hold an inquiry in respect of the charges and an inquiring authority was appointed under Rule 11(5)(b) read with Rule 11(2) of the Karnataka civil services (classification, control and appeal) rules, 1957. The inquiring authority after holding the inquiry found that the petitioner was guilty of charges 1 to 3. On the basis of the report of the inquiring authority, the disciplinary authority resolved to accept the report of the inquiring authority and to recommend the imposition of the penalty of compulsory retirement. Since the penalty recommended against the petitioner was required to be imposed by the governor of Karnataka, a reference was made in this behalf. The governor of Karnataka after consideration

(3.) in this petition, the petitioner questions the legality and validity of the inquiry report and the aforesaid government order dated 3-10-1991.