RAMAKRISHNAIAH Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The Full Bench judgment of the Karnataka Administrative Tribunal, Bengaluru (for short, 'Tribunal'), dated 24-6-2014 passed in Application No. 3553 of 2012 is called in question in this writ petition.

(2.) The records reveal that the petitioner herein was working as Assistant Controller of Legal Metrology at Karwar during the year 2007. One Mr. R.B. Chandawar was working in the said office as Manual Assistant. Since certain amount of bribe was demanded by R.B. Chandawar from Mr. R.V. Shanbog for renewal of licence, the said R.V. Shanbog lodged a complaint on 23-7-2007 before the Police Inspector, Karnataka Lokayukta, Karwar, with an allegation that the R.B. Chandavar was demanding illegal gratification of Rs. 3,000.00 for issuing renewed licence of R.V. Shanbag, who is a repairer of weights and measures. Based on the said complaint, Crime No. 2 of 2007 came to be registered by the Police Inspector, Lokayukta Police, Karwar, for the offences punishable under Sections 7,13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'P.C. Act') against Mr. R.V. Chandawar. A trap was laid. The said R.V. Chandavar was caught red-handed while accepting illegal gratification of Rs. 3,000.00 from Sri R.V. Shanbog. During the course of investigation by Lokayukta Police, it is found that in the said case, the Lokayukta Police had subsequently included the petitioner also as an accused, who was working as Assistant Controller of Legal Metrology, Karwar, inasmuch as the material prima facie disclosed that the petitioner also was a party for getting and sharing bribe. The sanction of the Government was sought for prosecuting the petitioner herein. However, the request of the Lokayukta Police to prosecute the petitioner is rejected by the 2nd respondent-Controller, Department of Legal Metrology vide order dated 5-6-2009. In the meanwhile, the Lokayukta Police conducted enquiry and submitted the report to the State Government under Sec. 12 of the Karnataka Lokayukta Act, 1984.

(3.) On the recommendation made by the Upa-Lokayukta under Sec. 12(3) of the Karnataka Lokayukta Act, the 1st respondent passed an order dated 17-12-2012 directing initiation of the Disciplinary Enquiry against the petitioner and entrusted the same to the Upa-Lokayukta. The said order was challenged by the petitioner before the KAT in Application No. 3553 of 2012.