M SHIVAKUMAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The question involved in this case is whether the third respondent is competent to initiate disciplinary proceedings against the petitioner?.

(2.) The petitioner was recruited in the department of Home, State of Karnataka i.e., first respondent in the year 2005 as Sub-inspector. On serving at various places he was posted as Sub-inspector of Mandya Rural Police Station during the year 2014-2015. Vide notification dated 05.08.2015 he was transferred to DCB Madikeri. He was relieved from Mandya Rural Police Station on 10.08.2015. He did not report at DCB Madikeri. Vide modified transfer order at Annexure-A1 dated 15.09.2015, he was transferred to Forest Mobile Squad, Kollegala. He reported at Forest Mobile Squad Kollegala on 18.09.2015 as per Annexure R-5.

(3.) The third respondent vide order dated 05.10.2015 at Annexure-A4 in exercise of the power under Rule 6 of the Karnataka State Police (Disciplinary Proceedings) Rules, 1965/1989 (hereinafter referred to as 'KSP(DP) Rules' for short) ordered to initiate disciplinary inquiry against the petitioner, on the allegations of dereliction of duty amounting to misconduct. Under order at Annexure-A4, third respondent appointed fourth respondent as the specially empowered authority to prepare the charge list, conduct Inquiry and submit the report.