D.V.SHYLENDRA KUMAR, M.F.SALDANHA
STATE OF KARNATAKA – Appellant
Versus
K. MADHAVA – Respondent
( 1 ) WE have heard the learned Government Advocate as also the learned advocate who represents the two respondents. This is a case in which the two respondents who were the members of the police force had faced a disciplinary proceeding on the basis of certain allegations that were levelled against them. We refrain from going into the details and the finer points of the case because the enquiry ended in an adverse order whereby the disciplinary authority took the view that the respondents are liable to be dismissed from service. The respondents filed appeals as they were entitled to and the Appellate Authority set aside the punishment, recorded the finding that there were several lacunae in the proceedings and therefore remanded the case for a de novo enquiry from the stage of the charge. The respondents thereafter approached the Karnataka administrative Tribunal and assailed the appellate order principally on the ground that the Appellate Authority having set aside the disciplinary Authority's order imposing punishment that there was no warrant for the direction to hold a de novo enquiry. Several other submissions were also canvassed and the KAT upheld the argu
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