Karnataka High Court
Sri Rajendra S vs The State Of Karnataka on 10 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:20114
WP No. 6038 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 6038 OF 2024 (GM-RES)
BETWEEN:
SRI RAJENDRA S
S/O LATE SHANTHA MURTHY
AGED ABOUT 46 YEARS,
RESIDING AT NO.970, LIG, 2ND STAGE,
YELAHANKA NEW TOWN
BANGALORE-560 064.
...PETITIONER
(BY SRI. MOHAN KUMAR N.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M S BUILDING,
BENGALURU-560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
Digitally
signed by
Vandana S 2. THE UNDER SECRETARY - SERVICES-2
DEPARTMENT OF REVENUE,
Location:
HIGH M S BUILDING,
COURT OF BENGALURU-560 001
KARNATAKA REPRESENTED BY ITS
PRINCIPAL SECRETARY.
3. SRI GOPAL KRISHNA
AGED ABOUT 50 YEARS,
SECTION OFFICER
DEPARTMENT OF REVENUE,
DEPARTMENT M S BUILDING
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. K.S. HARISH, AGA FOR R-1 & R-2)
-2-
NC: 2024:KHC:20114
WP No. 6038 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER VIDE E-KUME 109 BSI 2023 D. 11.01.2024 ISSUED BY THE
UNDER SECRETARY, SERVICES-2, REVENUE DEPARTMENT AT
ANNX-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks for the following reliefs:
"i) Issue a writ of certiorari quashing the impugned order
vide E-KumE 109 BSI 2023 dated 11.01.2024 issued by the
Under Secretary, Services-2, Revenue Department at
Annexure-A.
ii) Issue a writ of mandamus, directing the Respondents to
consider the application dated 04.09.2023 vide at
Annexure-M filed by the petitioner to issue certified copy of
the Government Order dated 24.08.2023.
iii) Issue a writ of mandamus, directing the Respondents to
consider the application dated 04.09.2023 vide at
Annexure-N filed by the petitioner to issue certified copy of
the enquiry report dated 31.07.2018 and the
recommendation letter issued by the Upalokayukta,
Karnataka.
iv) To issue such other Writ/Order as this Hon'ble Court
deems fit to grant in the circumstances of the case, with
cost, in the interest of justice and equity."
NC: 2024:KHC:20114
2. Heard the learned counsel for the petitioner and
learned AGA for the respondents and perused the material on
record.
3. A perusal of the material on record will indicate that
proceedings under Section 7, 8, 13(1)(d) r/w. Section 13(2) of the
Prevention of Corruption Act, 1988, were initiated against the
petitioner-Rajendra S., who was arrayed as accused No.1 in
Spl.C.C.No.679/2011. The said criminal case ended in conviction
vide judgment dated 13.06.2013. Aggrieved by the same, the
petitioner preferred an appeal in Crl.A.No.672/2013 before this
Court, which allowed the appeal and set aside the order of
conviction and thereby acquitted the petitioner of all the charges
leveled against him. The said judgment and order dated
28.09.2021 passed by this Court in Crl.A.No.672/2013 has attained
finality and became conclusive and binding upon the petitioners.
4. In the meanwhile, Departmental Enquiry having been
entrusted to the Lokayuktha, the Additional Registrar Enquiries-3,
submitted an Enquiry Report dated 31.07.2018 against the
petitioner by holding that the charges had been proved. In
pursuance of the same, the respondent-State took a decision to
NC: 2024:KHC:20114
impose the major penalty of compulsory retirement from service
against the petitioner vide order dated 24.08.2023 and
communicated the same to the petitioner vide Official
Memorandum dated 31.08.2023. It is the grievance of the petitioner
that though he intends to challenge the aforesaid Enquiry Report
dated 31.07.2018, the Penalty Order dated 24.08.2023 and the
Official Memorandum dated 31.08.2023, certified/true copies of the
same have not been made available to him by the respondent-
State so far, who have proceeded to issue the impugned
endorsement rejecting the request made by the petitioner, who is
before this Court by way of present petition.
5. Learned Additional Government Advocate on
instructions submits that if reasonable time is granted, the
concerned respondents would furnish/provide certified copies of
Enquiry Report dated 31.07.2018, the Penalty Order dated
24.08.2023 and the Official Memorandum dated 31.08.2023 to the
petitioner, though copies have already been furnished to him.
6. In view of the aforesaid facts and circumstances and
the limited grievance of the petitioner that he intends to challenge
the Enquiry Report dated 31.07.2018, the Penalty Order dated
NC: 2024:KHC:20114
24.08.2023 and the Official Memorandum dated 31.08.2023 and
since the petitioner requires certified/true copies of the said
documents, I deem it just and appropriate to dispose of this petition
by setting aside the impugned endorsement at Annexure-A dated
11.01.2024 and direct respondent No.2 to furnish/provide the
certified copies of the Enquiry Report dated 31.07.2018, the
Penalty Order dated 24.08.2023 and the Official Memorandum
dated 31.08.2023 in favour of the petitioner within a period of three
weeks from today. Immediately after respondent No.2 furnishing
the aforesaid certified copies to the petitioner, liberty is reserved in
favour of the petitioner to challenge the same, in accordance with
law.
7. With the aforesaid observations and directions, the
petition stands disposed of.
Sd/-
JUDGE
BMC
