STATE OF KARNATAKA Vs. A. NATARAJ

JUDGEMENT

(1.) The State has preferred this writ petition challenging the order dated 17th June, 2015 passed by the Karnataka Administrative Tribunal (hereinafter referred to as the 'KAT' for short), Bangalore in Application No. 136/2015 quashing the orders dated 9.7.2013 and 17.10.2014 vide Annexures -A2 and A6 respectively observing that the applicant is entitled to all consequential benefits.

(2.) The respondent/applicant while working as an Assistant Executive Engineer at PWD Sub -Division, Magadi, was placed under suspension by the petitioner by an order dated 9.7.2013 alleging that he and other employees have committed certain irregularities in execution of civil works in collusion with the contractors thereby caused financial loss to the State etc. The crime was also registered in Crime No. 5/2013 under the provisions of Sec. 13(1 )(c)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and also under the provisions of Sec. 23 of the Karnataka Transparency in Public Procurement Act, 1999 and Sections 364, 406, 409, 477(A) r/w 120 -B of the Indian Penal Code, 1860. Thereafter, the suspension order was continued by another order dated 17.10.2014 vide Annexures -A6. Aggrieved by the said orders, the respondent filed Application No. 136/2015 before the KAT, Bangalore.

(3.) The petitioner filed objections to the said application and sought to justify the suspension order on the ground that a criminal case is pending against the applicant and the a Lokayuktha has not granted concurrence for revoking the suspension order of the applicant, etc.