S. MAHADEVASWAMY Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The present petition is directed against the order dated 7-4-2016 passed by the Tribunal whereby the Tribunal for the reasons recorded in the order has dismissed the petition.

(2.) We have heard Mr. B.B. Bajantri, learned Counsel appearing for the petitioner.

(3.) The contention raised on behalf of the petitioner was that when the petitioner was acquitted by the Criminal Court, departmental enquiry could not have been initiated without considering the judgment of Criminal Court and the factum of acquittal. It was further contended that there was delay in initiation of the departmental enquiry and therefore, also the action would be bad in law. Third contention raised by the learned Counsel for the petitioner was that there is non-compliance of Section 12(4) of Karnataka Lokayukta Act, 1984 while issuing the Government Order dated 5-5-2012. He submitted that there is no proper application of mind on the part of the Government and therefore, the action of initiation of the departmental enquiry is bad in law.