SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2001 Supreme(Kar) 588

D.V.SHYLENDRA KUMAR, M.F.SALDANHA
STATE OF KARNATAKA – Appellant
Versus
K. MADHAVA – Respondent


Advocates:
B.MANOHAR, R.B.DESHAPANDE, S.Mahesh

M. F. SALDANHA, J.

( 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





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top