NANJUNDAPPA B N Vs. STATE OF MYSORE

JUDGEMENT

(1.) This writ petition, preferred under Art. 226 of the Constitution of India, is directed against the orders passed by the respondent (State of Mysore) in G.O. No. GAD 311 SMC 62, dated 22 July, 1963 (Ex. C) and G.O. No. GAD 311 SMC 62, dated 14 November, 1963 (Ex. F), by which the petitioner, officiating in the Mysore Administrative Service, senior scale, and holding the post of Deputy Commissioner for Land Records, was ordered to be reverted to the lower time-scale of Rs. 350-25-650-30-800 for a period of five years, in consequence of the findings recorded against him in a departmental enquiry holding him guilty of misconduct in the discharge of his duties. At the time the alleged misconduct is said to have taken place, the petitioner was an Under Secretary, General Administration (General), in Bangalore. While he was working in that capacity, the allegations of misconduct against the petitioner were enquired into by the police inspector attached to the Directorate of Anti-corruption and Inspection, Bangalore. The investigation disclosed a prima facie case that the petitioner had violated the provisions of the Mysore Government Servants' Conduct Rules, with a view to gain pecuniary advantage for himself. Government, having been satisfied that there was a prima facie case against the petitioner, were pleased to appoint the Director, Anti-corruption and Technical Audit (P.W.D), in their No. GAD 311 SMC 62, dated 4 February, 1963, to frame charges and conduct an enquiry in accordance with the provisions of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957. The enquiry officer accordingly framed charges against the petitioner and held an enquiry. Of the five charges, charges II and IV were alone held proved against the petitioner. The said charges were :

(2.) The enquiry officer recommended to the Government that the next increment of the petitioner may be stopped for a period of two years and extra tax of Rs. 12 payable by him may be recovered. The Government in their order No. GAD 311 SMC 62, dated 22 July, 1963, recorded their findings on the charges levelled against the petitioner, and a second show-cause notice was issued to the petitioner to show cause as to why he should not be reverted permanently to the lower time-scale of Rs. 350-25-650-30-800. The petitioner submitted his representations against the proposed action, and after considering the same, the Government passed their order dated 14 November, 1963, imposing punishment of reversion to the lower time-scale of Rs. 350-25-650-30-800 for a period of five years. Aggrieved by the said order, the petitioner has approached this Court for relief under Art. 226 of the Constitution of India.

(3.) Though the petitioner has challenged the findings of the Government on the enquiry report submitted by the enquiry officer, and the order of punishment imposed on the petitioner on a number of grounds, his learned counsel at the hearing urged only two grounds, viz. :