V SRINIVASA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is presented by the appellant aggrieved by the order of the learned single Judge dismissing his writ petition.

(2.) The facts of the case, in brief, are these:- The appellant joined service in the Prisons Department of the State of Karnataka as Second Division Clerk in the year 1959. He was promoted as First Division Clerk in the year 1976 and was posted to work as Store Keeper in the Central Prison, Bellary. A Memo dated 2nd March 1981 was issued to the appellant, which reads :-

(3.) The learned counsel for the appellant contended that Rule 12 of the Rules which prescribes the procedure for imposing minor penalties enables the disciplinary authority to pass final orders after giving the delinquent a reasonable opportunity of making a representation or after holding an inquiry in terms of sub-rules (3) to (23) of Rule 11 in a case in which the disciplinary authority is of the opinion that such inquiry is necessary. Relevant portion of Rule 12 of the Rules reads: