V C THIMMARAYAPOPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) THIS Writ Petition is directed against a departmental enquiry that is being held against the petitioner, who at the relevant time was an Assistant Controller of Civil Supplies, Bangalore. The petitioner has sought for the relief of a Writ or direction in the nature of Certiorari quashing the charges framed by the second respondent (The Deputy Director of Vigilance, State Vigilance Commission, Bangalore), in his Memo No. ENJ 13/65 -66 dated 26 -5 -1966 and the Government Order No. Cl. 138 GCS 64 dated 26 -10 -1965 and another Government Order dated 11 -3 -1966 bearing No. Cl 23 AC 1 65. The copies of the said documents have been produced by the petitioner as Annexures 'D', 'B' and 'A' respectively to the petition. He has further prayed for a writ or order in the nature of 'prohibition', prohibiting the second respondent from holding any further Departmental proceedings pursuant to the Government Order dated 26 -10 -1965. He has also prayed for a declaration that Rule 11(2) of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, is ultra vires of the powers of the Government as the same is inconsistent with Article 311(2) of the Constitution of India.

(2.) THE petitioner was at the relevant point of time an Assistant Controller of Civil Supplies under the Government of Mysore. When he was functioning as Asst. Controller of Civil Supplies, owing to certain alleged irregularities in the discharge of his duties, the Government of Mysore proposed to take disciplinary action against him by holding a departmental enquiry. Hence, on 26 -10 -1965 the Government directed the Vigilance Com mission PI to hold the necessary enquiry by Memorandum bearing No. Cl 138 GCS 64. The Vigilance Commissioner authorised one Sri M. M, Shirkol, Deputy Director of Vigilance (Judicial), to hold an enquiry by his Order No. VCC 27 -28/65 -66, dated 3 -11 -1965. The Deputy Director of Vigilance framed charges on 26 -5 -1966 as per his Memorandum No. ENJ 13/65 -66. Subsequently, it would appear that Sri M.M. Shirkol retired from service on superannuation. The Vigilance Commissioner by an Order dated 4 -6 -1966, under No. VCC 27 -28/65 -66 purported to amend the authorisation relating to the appointment of Sri M.M. Shirkol by the substitution of the name of Sri D. Noronha in place of Sri M.M. Shirkol. Sri D. Noronha took up the enquiry from the stage at which it was left by Sri M.M. Shirkol, and issued notice to the petitioner on 22 -6 -1966, calling upon him to put in a statement of defence in respect of the charges framed against him. In the meanwhile on 11 -3 -1966, the petitioner was placed under suspension by an order of the Government. It is at this stage that the petitioner has approached this court by this petition under Article 226 of the Constitution for the reliefs enumerated earlier.

(3.) SINCE the irregularities, which have Formed the basis of the charges framed against the petitioner, appertain to the year 1963 -64, the enquiry under the Mysore State Vigilance Commission Rules, 1965, would not be competent.