CHITRALEKHA Vs. STATE OF KARNATAKALABIC

JUDGEMENT

(1.) Petitioners are assailing the order dated 07.07.2018 (Annexure-H) whereunder first respondent has passed an order imposing penalty of reduction of pay by two increments with cumulative effect on petitioners.

(2.) Petitioners were working as Assistant Engineer and Junior Engineer at Sindhanoor, Raichur District and an order came to be passed on 30.01.2012 by the first respondent vide Annexure-B proposing to hold enquiry against them on the strength a of a complaint dated 19.12.2006 (Annexure-A). Conducting of said enquiry came to be entrusted to the Upa- Lokayukta. On such entrustment being made a charge sheet came to be issued by the second respondent on 12.04.2012 (Annexure-C) along with imputation of charges and called upon petitioners to submit their reply if any. Petitioners after having submitted their reply participated in the enquiry proceedings and Enquiry Officer after concluding enquiry submitted a report dated 19.10.2017 (Annexure-D) holding that charges leveled against petitioners were proved. On 24.10.2017 second respondent made its recommendations to the first respondent to accept the report of Enquiry Officer and to impose the punishment as opined thereunder. On receipt of the said recommendations from the second respondent, second show cause notice came to be issued to the petitioners on 15.12.2017 which was also duly replied by the petitioners on 30.01.2018 as per Annexure-F and on 02.02.2018 - Annexure-F1, the first respondent by impugned order dated 07.07.2018 (Annexure-H) has imposed the punishment of withholding of two increments with cumulative effect on the petitioners in excise of the power vested under Rule 8 (iv-a) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.

(3.) We have heard the arguments of Sriyuths Huleppa Heroor, learned counsel appearing for the petitioners, K.M.Ghate, Additional Government Advocate appearing for respondent No.1 and Prashant, learned counsel appearing for respondent No.2. Notice to respondent No.3 has been dispensed with vide order dated 30.08.2018.