A . RAJASHEKAR Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The present petition is directed against the order dated 28.1.2016 passed by the Tribunal whereby the Tribunal for the reasons recorded in the order has dismissed the petition.

(2.) We have heard Sri K.H. Heroor, learned Counsel appearing for the petitioner.

(3.) The contention raised on behalf of the petitioner was that no opportunity has been given nor any enquiry has been held in connection with the allegations or the grounds mentioned in the order of termination and the order of discharge. He submitted that even if the employee concern was on probation, if the services were to be terminated on the ground of misconduct, enquiry was required to be held. Learned Counsel further submitted that in similar matter, the Tribunal vide order dated 18.1.2010 passed in Application No. 5977 of 2008 had taken the view that the enquiry as per the Karnataka State Police (Disciplinary Proceedings) Rules, 1965 was required to be held and as was not held, the Tribunal set aside the order even though person concern w as on probation. It was submitted that the aforesaid decision was brought to the notice of the Tribunal. But the Tribunal has taken a different view in the present matter and therefore, the order of the Tribunal impugned in the present petition needs interference by this Court. Learned Counsel also relied upon certain decisions to which reference shall be made hereinafter.