ISHWARAPPA Vs. THE MANAGING DIRECTOR, REGIONAL OIL SEEDS GROWERS, CO-OPERATIVE SOCIETIES UNION LTD. AND ORS.

JUDGEMENT

(1.) The resolution dated 25.8.2013 vide Annexure -D of the 1st respondent and the order dated 4.2.2015 vide Annexure -N passed by the 3rd respondent are called in question in this writ petition.

(2.) The records reveal that the petitioner was appointed in Karnataka Co -operative Oil Seeds Growers Federation Limited, Bangalore, on 4.12.1986. He was transferred to the 1st respondent - as Joint Manager in the Karnataka State Beverage Corporation Ltd., Spirit Depot, Hubli. During the year 2009, he was found demanding a sum of Rs. 9,600/ - as illegal gratification from the complainant Mahesh, the Secretary of the Dharwad District Liquors Dealers Corporation, as a motive or reward for discharging his official duty of supplying liquor to different persons, who were running the liquor shops though they were in arrears of duty for eights months. On 26.11.2009 at 3.30 p.m. the petitioner was trapped in Preetham Bar and Restaurant while receiving a sum of Rs. 9,600/ - from the complainant - Mahesh. After following due procedure, Crime No. 9/2009 came to be registered against the petitioner. Charge sheet was also filed in Special Karnataka Lokayukta Case No. 8/2011. The said matter was tried before the II Addl. District and Sessions Court, Dharwad for the offences punishable under Ss. 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act. However, he was acquitted in the criminal case on 31.1.2013. In the meanwhile, Raichur Oil Seeds Corporation, wherein he was subsequently working passed a resolution as per Annexure -'D' dated 25.8.2012 empowering the Managing Director to do correspondence as sought for by the Deputy Registrar Enquiries -1, Karnataka Lokayukta, Bangalore, against the petitioner herein under Rule 14 -A of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 ('Rules' for short). The enquiry proceedings are now initiated against the petitioner before the Additional Registrar Enquiries - 4, Karnataka Lokayukta, Bangalore. During the pendency of such enquiry, the petitioner made an application on 11.11.2014 for dropping the proceedings on the ground that he is not a Government Servant; that he is the servant working in a Co -operative Society and therefore, no enquiry could be held against him as per Sec. 14 -A of the Rules. Such application came to be dismissed by the Additional Registrar Enquiry -5, Karnataka Lokayukta, Bengaluru, as per the order vide Annexure -'N' dated 4.2.2015.

(3.) It is no doubt true that the petitioner was appointed in Karnataka Co -operative Oil Seeds Growers Federation Limited, Bengaluru on 4.12.1986. The Karnataka Co -operative Oil Seeds Growers Federation Limited is a society registered under the Co -operative Societies Act. These facts are not in dispute. However, his services were entrusted to Karnataka State Beverage Corporation Limited, which is a Government of Karnataka undertaking during the relevant point of time, i.e. 2008 -09. While he was working as Joint Manager in the Karnataka State Beverage Corporation Limited, Spirit Depot, Hubli, the trap was laid on 26.11.2009, inasmuch as he was demanding a sum of Rs. 9,600/ - as illegal gratification from one Mr. Mahesh, the Secretary of the Dharwad District Liquors Dealers Corporation, as a motive or reward for discharging his official duty of supplying liquor to different persons, who were running the liquor shops though in arrears. Based on such successful trap, crime came to be registered and the petitioner was tried before the Sessions Court, wherein he came to be acquitted. While facing the trial before the Sessions Court in Lokayukta case No. 8/2011, the petitioner did not raise the ground that he is not a Government servant etc. For the first time, the petitioner has raised the said ground during the course of domestic enquiry pending before the Additional Registrar Enquiry -5, Karnataka Lokayukta, Bengaluru.