SYED ABDUL AZEEZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the legality of the Order No.PWD 200 SDA 72 dated 3.10.1977 passed by the respondent-State of Karnataka, by which the petitioner's promotions for a period of five years were withheld and also the next increment available to him for the same period of five years were withheld with cumulative effect.

(2.) The order came to be passed after a joint enquiry held against the petitioner and four others. The petitioner was the Accounts Superintendent in the Office of the Executive Engineer, Public Works Department, Tumkur, during the period from 10.6.1988 to 4-11-1971, and at the joint enquiry, he was designated as Accused Government Officer No.5. The Four other Accused Government Officers were Engineers in the same Department. Charges No.3, 4, 5 8 9 10 and 12 were all relatable to the petitioner. It is unnecessary to refer to the actual charges, as the exact content of it is not known inasmuch as no return has been filed by the respondent-State upto the date of hearing of this writ petition. Nor in the impugned order are the charges culled out. The petitioner also was not furnished the actual memo of charges against him. But, the legality of the order questioned in these proceedings under Art. 226 of the Constitution can be dealt with on a short ground which has been raised in para 7 of the pleadings of the petitioner. Para No.7 is as follows:

(3.) The proceedings of the Government from its inception to the passing of the impugned order, were governed by the Karnataka Civil Services (Classification, Control and Appeal) Pvules,, 1957, (hereinafter referred to as the Rules.) A joint enquiry is permissible only in accordance with the procedure prescribed under Rule 14A of the Rules. Clause (e) of sub-rule(1) of Rule 14-A of the Rules is as follows: