IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.15949 OF 2019 (S-DE) BETWEEN SRI. MATH SHIVAMURTHY SWAMY S/O. LATE BASSAYYA SWAMY, AGED ABOUT 57 YEARS, WORKING AS FIRST DIVISION ASSISTANT, P.W.D. SUB DIVISION, SHORAPUR, YADAGIRI DISTRICT- 585 221 R/AT 10-69/43, NEAR NEW POLICE QUARTERS, BASAVESHWAWRA COLONY, SHAHAPURA, YADAGIRI DISTRICT-585 221.
(BY SRI JEEVAN KUMAR B S, ADVOCATE) AND THE CHIEF ENGINEER AND DISCIPLINARY AUTHORITY, COMMUNICATION & BUILDING (SOUTH), DEPARTMENT OF PUBLIC WORKS, BANGALORE-560 001.
(BY SMT M S PRATHIMA, AGA) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER REPRESENTATIONS VIDE ANNEXURE-D AND E BEFORE PROCEEDINGS DATED 15.03.2019 ISSUED BY THE RESPONDENT PENDING DISPOSAL OF THE WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to take notice for the respondents.
2. The petitioner was working as First Division Assistant in Mechanical Sub-division (PHE), Gulbarga. On a complaint made by one K.Venkatesh, action was initiated against the petitioner and a report under Section 12(3) of the Karnataka Lokayukta Act, 1984 was also prepared. On entrustment of the matter under the Karnataka Lokayukta Act, 1984, the Hon’ble Upa Lokayukta has conducted the enquiry and has made recommendation to the disciplinary authority. Thereafter 2nd show cause notice has been issued to the petitioner to give reply within 15 days. However, the petitioner has made a representation dated 15.03.2019 seeking copies of certain documents.
3. Learned counsel for the petitioner draws the attention of this Court to a order dated 29.11.2018 in W.P.No.52101/2018, where under similar circumstances this Court disposed of the writ petition directing the respondent to furnish the copies of the documents sought for by the petitioner. However, till such time the respondent is directed not to precipitate action under 2nd show cause notice.
4. In the light of the above, this Court deems fit to direct the respondent to supply copies of the documents sought for by the petitioner in the representation dated 15.03.2019 at Annexure-E to this writ petition at the earliest. In order to enable the petitioner to go through the said documents and thereafter file his reply to the 2nd show cause notice, the respondent is directed not to take any precipitatory action under the 2nd show cause notice dated 08.02.2019 at Annexure-C for a period of 15 days from the date when copies of the documents are supplied to the petitioner.
Writ petition is accordingly disposed of.
SD/- JUDGE KLY/