SMT. B.S.RENUKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court assailing the Order dated 07.07.2015 impugned at Annexure-'A' and consequently, a prayer is made to quash the Order dated 06.07.2010 [Annexure-'A18']. In that light, the petitioner is seeking issue of Mandamus to direct the respondent to reinstate the petitioner into the original post and to pay the arrears of salary and other service benefits.

(2.) The brief facts of the case are that;

(3.) The learned counsel for the petitioner while assailing the order passed by the KAT would contend that the consideration as made therein is justified. It is his contention that even if the report as submitted by the Upalokayukta is taken into consideration, the recommendation through the Order dated 16.12.2009 was for imposing the penalty of withholding promotion for a period of 5 years and 3 annual increments with cumulative effect and also to recover the amount. In that light, it is contended that the respondent without taking into consideration the recommendation of the Upalokayukta and without applying its mind to this aspect of the matter has passed the impugned order, by which the punishment of compulsory retirement has been imposed. In that view, it is contended that the Order dated 06.07.2010 [Annexure- 'A18'] and the Order dated 07.07.2015 passed by the KAT are liable to be set aside and even if the punishment is to be imposed, the same can only be in terms of the recommendation as has been made by the Upalokayukta.