RAVI S. SURAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed challenging the impugned order dtd. 6/3/2024 in Application No.4332/2023 passed by the Karnataka State Administrative Tribunal, Bengaluru (hereinafter referred to as "Tribunal" for short).

(2.) It is submitted by the learned counsel appearing for the petitioner that the petitioner had been proceeded against disciplinary enquiry and the punishment of bar of one increment with cumulative effect had been imposed on him. It is submitted that the petitioner was appointed as Assistant Engineer in the Public Works Department (PWD) on 1/6/1992 on daily wage basis and regularized in service on 2/6/2002. He was promoted as Assistant Executive Engineer in the year 2009 and as Executive Engineer in the year 2016 and thereafter, Superintending Engineer in the year 2023. It is submitted that on a complaint being submitted by one Sri. H. Venkatesh, alleging misappropriation of funds, the Karnataka Lokayukta had conducted a preliminary investigation and had - submitted a report under Sec. 12(3) of the Karnataka Lokayukta Act, 1984, before the third respondent. The first respondent, who was not the petitioner's appointing authority, had accepted the report and directed conduct of enquiry by Lokayukta under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (hereinafter referred to as "KCS (CC&A) Rules" for short).

(3.) It is submitted that pursuant to the enquiry, the second show cause notice was also issued by the first respondent, without any consultation or concurrence of the petitioner's appointing authority, which is the Government. It is submitted that the petitioner had challenged the order before the Tribunal but the challenge had been repelled on the ground that the enquiry had been properly conducted as against the petitioner. It is submitted that the specific requirement of Rule 15 and the first proviso therein had not been considered by the Tribunal while rendering its order.