IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.10709 OF 2018 (S-DIS) BETWEEN:
Shri. B.A. Abdul Wajid S/o late Abdul Aziz Sab, Aged about 58 years, R/at 17th Ward, Kanchu Kote, Bagepalli Town, Chikkaballapur District – 561 207. …Petitioner (By Sri. Chethan A.C., Advocate for Sri. M.R. Suresh, Advocate) AND:
1. State of Karnataka Represented by The Secretary Urban Development and Municipal Administration, Bengaluru – 560 001.
2. The Director of Municipal Administration Government of Karnataka, 9th Floor, Vishweshwaraiah Towers, Dr. Ambedkar Veedhi, Bengaluru – 560 001.
3. The Deputy Commissioner Chikkaballapur District, Chikkaballapur – 562 101.
4. Bagepalli Town Municipal Council Represented by its Chief Officer, Bagepalli, Chikkaballapur District – 561 207.
5. The Enquiry Officer and Project Director District Urban Development Cell, Chikkaballapur – 562 101. …Respondents (By Smt. M.S. Prathima, AGA for R1 to R3; R4 & R5 served but unrepresented) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the orders dated 17.02.2018 passed by the first respondent bearing No.NAE 16 TMS 2017 and to quash the order dated 12.12.2016 passed by the second respondent (Annexures-A and B) and etc., This writ petition coming on for Orders this day, the court made the following:
ORDER In the instant petition, petitioner has sought for the following reliefs:
(a) Issue a writ in the nature of certiorari to quash the orders dated 17.02.2018 pased by the first respondent bearing No. NAE 16 TMS 2017 and to quash the order dated 12.12.2016 bearing number PAUNI/ENQUIRY/C.JILLE/CR-11/2010-11 passed by the second respondent (Annexure- A & B) (b) Issue a writ of certiorari to quash the enquiry report dated 26.09.2016 bearing No.GNKO/chic(1)/CR/393/2011-12 passed by the fifth respondent (Annexure-C);
(c) Direct the respondents to pay the entire arrears of salary and other benefits from 12.12.2016 i.e., the date of dismissal till 28.02.2018 i.e., the date of retirement and further pay his retirement benefits and monthly pension as per rules;
(d) Pass such other order or orders as this Hon’ble Court deems fit to grant in the interest of justice and equity.
2. One of the contention raised by the petitioner in the present petition is that the Director, Municipal Corporation-respondent No.2 has initiated joint Inquiry, whereas enquiry has been held on individual basis insofar as petitioner is concerned as is evident from Inquiry Report (Annexure-C). Therefore, there is deviation to Rule 13 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.
3. Learned counsel for the petitioner relied on the decision of the Division Bench of this Court in W.P.Nos.207049/2014 (S-KAT) dated 23.02.2018 and another decision of the Division Bench of this Court in W.P. Nos.29818 and 56278 of 2013 (S-KAT) dated 10.04.2014 in the case of State of Karnataka Vs. Ravi Kumar Kamalapurkar wherein, the Tribunal has set aside the order of joint inquiry in not complying Rule 13 of the CCA Rules, 1957.
4. In view of the judicial pronouncements read with the fact that the Inquiring Officer has failed to comply Rule 13 of the CCA Rules, 1957, Annexures-A and B are set aside and matter is remanded from the stage of holding of inquiry.
5. Disciplinary Authority is hereby directed to carry out the inquiry proceedings from the stage of commencement of joint inquiry and is also directed to complete the joint inquiry in accordance with law, within a period of six months from the date of receipt of copy of this order.
With the above observations, writ petition stands allowed.
Sd/- JUDGE MBM