SECRETARY TO GOVERNMENT DEPARTMENT OF EMPLOYMENT AND TRAINING Vs. ENQUIRY OFFICER AND ADDITIONAL REGISTRAR ENQUIRIES

JUDGEMENT

(1.) The present petition is directed against the order dtd. 13/4/2016 passed by the Karnataka State Administrative Tribunal (hereinafter referred to as the Tribunal for the sake of brevity), whereby the Tribunal for the reasons recorded in the order has set aside the order imposing penalty for compulsory retirement and has further directed for all consequential benefits except backwages from the date of the order for penalty till the date of superannuation, since no work has been extracted from the employee for the said period.

(2.) We have heard Mr.H.T.Narendra Prasad, learned AGA appearing for the petitioners.

(3.) The contention raised on behalf of the petitioners was that it is true that the enquiry was held by Lokayukta and it is also true that the recommendation was forwarded by Lokayukta with the enquiry report, but the Government independently examined the matter and the second show cause notice was issued. After the employee concerned replied to the said second show cause notice, the Government on the basis of the finding recorded in the enquiry report decided to impose the punishment. Learned AGA submitted that merely because the recommendation of Lokayukta was not forwarded with the second show cause notice, the Tribunal ought not to have found that there was any breach of natural justice or that decision was vitiated. He submitted that the impugned order for imposition of punishment is clear in its own language or imposition of punishment on the basis of the finding in the enquiry report and not because of any recommendation of the Lokayukta. He submitted that the aforesaid aspect has not been properly considered by the Tribunal and therefore this Court may consider in the present petition.