A N PATTAN Vs. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE

JUDGEMENT

(1.) The petitioner was dismissed from service by the order dated 1.10.2012 against which this writ petition is filed with a prayer to quash the same and to reinstate him into service with all consequential benefits.

(2.) A complaint was made by one K M Asif Ahmed against the petitioner alleging that the petitioner demanded Rs.15 lakhs from him to favour a case in O S No.394/2006 pending on the file of the court in which the petitioner was the Presiding Officer. The learned District Judge, D K, Mangalore recorded statement of the complainant and also obtained affidavit. The complaint itself has been taken on record and departmental enquiry was initiated. Before initiation of regular enquiry, a discrete enquiry was conducted and it was opined that there is a case made out for initiation of regular enquiry. Accordingly, enquiry was initiated and enquiry officer was appointed. On the basis of the complaint and discrete enquiry, the Disciplinary Authority framed fs of charges in D I No.1/2010 on 30.7.2010. Along with the charge sheet list of witnesses and list of documents were furnished to the petitioner. Statement of imputation of misconduct was also supplied. The petitioner made representation and sought to drop the enquiry proceedings against him.

(3.) The complainant has stated in his complaint dated 15.8.2009 that he had filed O S No.394/2006. It was pending for the last 3 years and in September, 2008 he got a call from one Mr.Shafi and informed to have a talk with Shafi and pursuant to the same he went to the place where Shafi was sitting in a Santro Car No.KA 19 Z 6477. He told him to sit in the car and asked about pendency of the case. He further told that the petitioner was the Judicial Officer, he was his close friend and he would do some favour provided he pays some amount. On the same evening, again he received a call. Thereafter, he went there and saw the petitioner who was sitting in the tinted Honda SUV Car with registration NO.KA 19 6477. Shafi introduced the complainant to the Judge and Judge told the complainant that if he wants to finish the case fast, he has to pay Rs.15 lakhs.