KRISHNE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner while working as a Second Division Assistant in Sub -Treasury, K.R. Nagar, Mysore District, a complaint was lodged before the Lokayukta police, that to pass bills and for issuing cheques, he had demanded an amount of Rs.1,500/ - on 29.05.1997. That the petitioner had received an amount of Rs.700/ - out of that. In furtherance of the said complaint, a trap was laid and the applicant was caught red -handed on 30.05.1997 while accepting the remaining portion of illegal gratification. In this regard, a case had been registered with the Lokayukta Police which later culminated and a charge -sheet being placed against the petitioner in Special Case No.31/1998.

(2.) IN the interregnum, the State Government referred the matter to the Disciplinary Authority for enquiry for Lokayukta. The Additional Registrar of Inquiries, Lokayukta was the Inquiring Officer. Charges were framed against the petitioner. On enquiry, the charges were held proved. It was recommended that he be compulsorily retired. A second show cause notice was issued and after considering the say of the petitioner, the Government on 07.06.2004 imposed a punishment of compulsory retirement on the petitioner. Questioning the same, the petitioner filed the instant petition before the Karnataka Appellate Tribunal, wherein by the impugned order, the same was rejected. Hence, the present petition.

(3.) ON the other hand, the learned Government Advocate defends the impugned order. She contends that Rule -14A would clearly apply to the case on hand. It cannot be held that Rule -14A would not be applicable.