IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 53029 OF 2018 (S-DIS) BETWEEN:
SRI Y N KRISHNA MURTHY, S/O SRI Y C NANJUNDAIAH, AGED ABOUT 57 YEARS, RESIDING AT NO.74 4TH MAIN ROAD, H.V.R. LAYOUT, PRASHANTH NAGAR, BANGALORE-560079.
… PETITIONER (BY SRI. Y N KRISHNA MURTHY, PARTY IN PERSON) AND:
1. KARNATAKA SILK INDUSTRIES CORPORTION LTD., (A GOVT OF KARNATAKA UNDERTAKING) III & VI FLOOR PUBLIC UTILITY BUILDING, M G ROAD, BANGALORE-560001.
REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR.
2. KARNATAKA SILK INDUSTRIES CORPORATION LTD. (A GOVT OF KARNATAKA UNDERTAKING) III & VI FLOOR PUBLIC UTILITY BUILDING M G ROAD, BANGALORE-560001.
REPRESENTED BY ITS GENERAL MANAGER(PERSONNEL).
… RESPONDENTS (BY SRI. T P MUTHANNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS OF THE CASE AND ISSUE ORDER QUASHING 1. THE PROCEEDINGS DATED 06.08.2018 OF THE MANAGING DIRECTOR OF THE KSIC THE ORIGINAL OF WHICH IS PRODUCED AS ANNEXURE –BD; AND ETC., THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Both the party in person and the learned Panel Counsel for the answering respondents having argued the matter for some time, consensually submit that a retired District Judge may be appointed as the Enquiry Officer to hold the subject disciplinary enquiry in respect of the Show cause Notice cum charge bearing No. KSIC/MD/YNK/2004-05 dated 14.02.2005, a copy whereof is at Annexure-N, keeping open all contentions.
2. Accordingly, Shri Kukkaje Ramakrishna Bhat, retired District Judge, is appointed as the Enquiry Officer to accomplish the subject enquiry within a period of four weeks and submit the Enquiry Report.
3. For facilitating holding of the disciplinary enquiry, the Registrar (Judicial) is directed to deliver back the alleged documents in the safe custody to the learned Panel counsel for the respondent.
4. The disciplinary authority shall take the decision on the Enquiry Report within four weeks excluding the period of notice that may be served on the petitioner depending upon the Enquiry findings.
With the above observations, petition stands disposed off.
The fee payable to the learned Enquiry Officer shall be decided on mutual terms.
All the pending IAs pales into insignificance in view of the disposal of the main matter.
Sd/- JUDGE Bsv