M.P. VRUSHABENDRASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, a Revenue Inspector working in the Revenue Department, is invoking the writ jurisdiction of this court for assailing the Karnataka State Administrative Tribunal's order dtd. 27/5/2023, whereby his Application No.115/2022 has been negatived. In the said Application, he had called in question the initiation of disciplinary proceedings vide Articles of Charge dtd. 2/12/2021 on the ground that the same was time barred and that there was no prima facie case of misconduct even if allegations are taken at their face value.

(2.) Learned counsel appearing for the petitioner made two principal submissions for invalidating the order of Tribunal and the institution of disciplinary proceedings as under:

(3.) Learned AGA appearing for the government and the learned Senior Panel Counsel appearing for the Lokayukta resist the petition making submission in support of the Tribunal's order and the reasons on which it has been constructed. They argue that the misconduct of a government servant need not necessarily relate to the discharge of his official duties; if rule of law is violated and thereby some benefit is sought to be obtained, that also amounts to misconduct though the alleged act does not fall within the parameters of official duties. In support of that, he banks upon the Apex Court decision in S.GOVINDA MENON vs. UNION OF INDIA, 1967 SCC OnLine SC 66. Learned Senior Panel Counsel drew our attention to Rule 23(2) of the Karnataka Civil Service (Conduct) Rules, 1966 to contend that even for disposal of property of the kind, permission of the competent authority is a must.