S. G. DODDAKALE GOWDA, J.

( 1 ) GOVERNMENT provisionally accepting finding of guilt 'recorded by Commissioner of enquiries (State Vigilance Commission) and recommendation of Vigilance Commissioner issued show cause notices dated 4-3-1985 and 6-3-1985 (marked as Annexures-F and G ). Enquiry Officer relying on result of phenolphthalein test and oral evidence let in on behalf of the prosecution recorded a finding that charge of misconduct of acceptance of illegal gratification is established. On a consideration of representation made pursuant to show cause notices, Government concurred with the finding of Enquiry Officer as also recommendation of Vigilance Commissioner and ordered compulsory retirement as per impugned order dated 24th april 1985 (marked as Annexure-J ).

( 2 ) WHILE challenging impugned order both on irregularities committed in the conduct of enquiry as well as finding on its merits, petitioner has challenged vires of proviso to Rule 8 of karnataka Civil Services (Classification, control and Appeal) Rules, 1957 (hereinafter referred to as the 'rules ) on the ground that it violates Article J4 of the constitution of India. In order to appreciate the merit of this content

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