SADASHIVA KALLAPPA JAMAKANDI Vs. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, BANGALORE AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the show-cause notice dated 20.12.2014 issued by the respondent No. 1, whereby the respondent No. 1 has issued second show-cause notice to the petitioner in a disciplinary proceeding.

(2.) Briefly the facts of the case are that the petitioner was working on the post of Executive Engineer (Electrical), S &L with HESCOM, Bijapur. On 6.01.2009, one Shri. Bandenawaz filed a complaint before the Police, Karnataka Lokayukta, inter alia claiming that the petitioner was demanding an illegal gratification of Rs.6,000.00. On the basis of the said complaint, a trap proceeding was initiated. Eventually, a charge sheet was filed in Crime No. 1/2009 before the Special Judge for Prevention of Corruption cases. But finally, the petitioner was acquitted in the said criminal case.

(3.) Meanwhile, on 8.2.2013, article of charges was furnished to the petitioner for initiating necessary action against him. Challenging the article of charges, the petitioner had filed a writ petition, namely WP.No. 15653/ 2013 before this Court. This Court had initially granted a stay, but subsequently, the stay was not confirmed by this Court. Therefore, the departmental enquiry was re-commenced against the petitioner. After concluding the departmental enquiry, the enquiry officer concluded that the petitioner is guilty of alleged misconduct. On the basis of enquiry report, the Upa-Lokayukta recommended that the petitioner be compulsorily retired from service. Consequently, the second show-cause notice has been issued to the petitioner. Hence, this petition before this Court.