LAWS(KAR)-2022-12-86

SRI JAVALI GURURAJENDRA Vs. MANAGING DIRECTOR, KSRTC

Decided On December 01, 2022
Sri Javali Gururajendra Appellant
V/S
MANAGING DIRECTOR, KSRTC Respondents

JUDGEMENT

(1.) The petitioner is an ex-service man and was appointed on 3/12/2003 as an Assistant Traffic Manager in the respondent-Corporation and when he was working as Assistant Traffic Manager, a criminal proceeding was initiated by the Lokayukta for the offence punishable under Ss. 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act and simultaneously Departmental Enquiry was also initiated on the very same set of charges.

(2.) Such being the case, the petitioner submitted his resignation with the respondent-Corporation on 27/3/2008. Thereafter, the petitioner was acquitted on merits in the criminal proceedings initiated against him and he was also exonerated in the Departmental Enquiry conducted by the respondent-Corporation on 31/8/2012.

(3.) In the interregnum, the petitioner submitted an application for withdrawal of his resignation on 8/3/2012. Respondent-Corporation thereafter accepted the resignation allegedly on 31/1/2013 and the same was intimated to the petitioner on 8/2/2013 stating that the resignation of the petitioner was accepted in view of the conclusion of the criminal proceedings as well as the Departmental Enquiry. Taking exception to the same, this petition is filed.