S. ARMUGAM Vs. BRUHAT BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) Petitioner is an employee of Bruhat Bangalore Mahanagara Palike. A charge sheet was filed against the petitioner in Special C.C.No.6/2006 on the file of the Special Judge, Bangalore Urban District, Bangalore City. After the trial, the petitioner was found guilty. Petitioner was convicted and was sentenced to undergo RI for a period of one year and pay fine of Rs. 10,000/- and in default, to undergo further SI for a period of six months for the offences punishable under Ss.13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act'). Crl.A.No.670/2011 has been filed by the petitioner against the said Judgment of conviction and order of sentence. By an order dated 05.07.2011, the sentence imposed by the Trial Judge has been suspended. On the basis of the said conviction, petitioner has been issued with a show cause notice dated 20.01.2014 vide Annexure-C, asking him to show cause why his service should not be terminated. The petitioner, instead of giving a reply has filed this writ petition, to quash Annexure-C and prohibit the 2nd respondent from proceeding against him.

(2.) Sri Suresh S. Joshi, learned advocate for the petitioner contended that there being no independent and bona fide exercise of power and the impugned action being at the instance of ADGP of Lokayukta and when the criminal proceeding has not attained finality and in view of the interim order passed on 05.07.2011 in Crl.A. No.670/2011 vide Annexure-B, there being prejudging of the case, the 2nd respondent be restrained from proceeding against the petitioner. He submitted that Annexure-C being arbitrary and illegal is liable to be quashed.

(3.) Undeniably, petitioner was convicted in Special C.C.No.6/2006 for the offences punishable under Ss.13(1)(d) r/w 13(2) of the Act, by a judgment dated 25.06.2011 passed by the learned Special Judge, Bangalore Urban District, Bangalore City. Sentence imposed on the petitioner pursuant to the said judgment of conviction has been stayed on 05.07.2011 in Crl.A.No.670/2011. Respondents have issued a notice dated 20.01.2014 vide Annexure-C, with reference to the power under Rule 8(viii) of KCS (C.C. & A.) Rules, 1957.