STATE OF KARNATAKA Vs. B YESHWANTH KUMAR

JUDGEMENT

(1.) 1. State of Karnataka and the High Court of Karnataka have filled this appeal challenging the order of the Single Judge in W. P. No. 24458/93 dated 19. 4. 96, wherein the Single Judge has quashed the government order No. LAW 260 LAC 91 dated 25. 9. 92 removing the respondent-petitioner (hereinafter referred to as the respondent)from service as a measure of penalty in consequence of disciplinary enquiry conducted against him.

(2.) RESPONDENT was working as Munsiff and Judicial Magistrate First Class, Bhalki in Bidar District. He was served with a charge sheet dated 17. 10. 89 accusing him of abuse of powers and conduct unbecoming of his position and status as a judicial officer. Respondent denied the charges and pleaded innocence. The explanation rendered by the respondent was not accepted and an enquiry was orders District and Session Judge, Chitradurga was appointed as an inquiring officer.

(3.) A perusal of the record shows that enquiry was fixed for the evidence of the prosecution on 16. 2. 91 on which day the presenting officer gave-up C. Ws 4 and 5 and closed the prosecution case against the respondent. The prosecution had cited 20 witnesses. Ten witnesses were examined and other ten who had been cited were given-up as unnecessary. Respondent was then asked to submit his statement of defence and file the list of witnesses. Time till the end of February 1991, was granted by the Enquiry Officer for this purpose, and the enquiry proceedings adjourned to 2. 3. 91. Respondent's case is that his counsel had gone to Bombay and therefore he could not finalise his statement of defence and file the list of defence witnesses.