SRIDEVI D/O ANNARAYA HALLIKHED W/O LATE SHARANAPPA Vs. REGISTRAR GENERAL HONBLE HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) In the instant petitions, petitioners have assailed the order of discharging each of the petitioner from the service under Rule 5 (1) (b) of Karnataka Civil Services (Probation) Rules 1977 (For brevity Rules, 1977).

(2.) Undisputed facts are that, petitioners were appointed as Peon on probation for a period of 02 years. During the probation period, authorities noticed certain serious allegations relating to manipulation of certain testimonial relating to each of the petitioner so as to meet the eligible criteria. In this regard show cause notice was issued to each of the petitioner on 17.01.2014, for which each of the petitioner were stated to have filed their reply/explanation. Thereafter appointing authority Prl. District Judge proceeded to pass order of discharge on 05.04.2014. Hence, the present writ petitions.

(3.) Learned counsel for the petitioners submitted that, as is evident from show cause notice that, there were serious allegations against the petitioners, in such event disciplinary authority cannot adopt the short circuit method in passing discharge order without resorting to enquiry in terms of Rules, 1977 read with the Karnataka Civil Services (CCA) Rules, 1957 (for brevity Rules, 1957). It was further contended that, under Rules, 1977 once the order of discharge is passed it is to be effected as and when ratify/approval by next higher authority. Thus there is non-compliance of Rules, 1977 and Rules, 1957.