IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.41445/2017 (GM-KLA) BETWEEN :
SRI G.MANJUNATH S/O LATE K.GOPAL AGED ABOUT 52 YEARS SHERISTEDAR OFFICE OF THE DEPUTY COMMISSIONER K.G.ROAD, BENGALURU URBAN DISTRICT BENGALURU – 560 009 ...PETITIONER (BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI J.C.KUMAR, ADVOCATE) AND :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI BENGALURU – 560 001 2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI BENGALURU – 560 001 3. THE UPA LOKAYUKTA STATE OF KARNATAKA M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI BENGALURU – 560 001 REPRESENTED BY ITS REGISTRAR 4. THE ADDITIONAL REGISTRAR ENQUIRIES-8, KARNATAKA LOKAYUKTA, M.S.BUILDING DR. B.R.AMBEDKAR VEEDHI BENGALURU – 560 001 5. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K.G.ROAD, BENGALURU – 560 009 6. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION K.G.ROAD, BENGALURU – 560 009 7. THE SPECIAL TAHASILDAR BENGALURU EAST TALUK K.R.PURAM, BENGALURU – 560 036 ...RESPONDENTS (BY MS.SHWETA KRISHNAPPA, AGA FOR R1, R2, R5, R6 & R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SHOW CAUSE NOTICE DATED 01.04.2017 ISSUED BY RESPONDENT NO.2, RE-RECOMMENDATION DATED 28.02.2017, RECOMMENDATION DATED 11.09.2015 MADE BY RESPONDENT NO.3 AND ENQUIRY REPORT DATED 09.09.2015 SUBMITTED BY RESPONDENT NO.4 RESPECTIVELY AS PER ANNEXURES-A TO D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Ag.CJ (Oral):
1. In this writ petition, petitioner is challenging the final enquiry report dated 09.09.2015 submitted by the Additional Registrar Enquiries-8, Karnataka Lokayukta, Upa-lokayukta’s modified recommendation dated 28.02.2017 to deny two annual increments to the petitioner, and the show cause notice dated 01.04.2017 issued to the petitioner.
2. Sri Ashok Haranahalli, learned Senior Counsel appearing for the petitioner submits that the petitioner has replied on 07.07.2017 to the aforesaid show cause notice dated 01.04.2017 and no decision has been taken by the State Government.
3. Learned Additional Government Advocate appearing for respondent Nos.1, 2, 5, 6 and 7 submits that the State Government will take a decision in the matter within a month’s time after considering the reply of the petitioner. The submission is placed on record.
4. The learned Senior Counsel appearing for the petitioner urged several contentions. It is unnecessary to examine them at this stage. It is relevant to state that the petitioner participated in the disciplinary enquiry held by the Upa-lokayukta and got himself examined as DW.1. Having regard to the facts of the case, we decline to interfere in the matter. However, subject to all just exceptions, the petitioner, if aggrieved, is at liberty to challenge the final decision of the Government that will be taken after considering the reply filed by the petitioner. All contentions of the petitioner are kept open.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE KSR Sd/- JUDGE