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2010 Supreme(Kar) 916

V.G.SABHAHIT, B.V.NAGARATHNA
K. H. Manjunath – Appellant
Versus
State of Karnataka represented by the Secretary to Government – Respondent


Advocates appeared:
For the Petitioner:Sri. Subba Rao, Sr. Counsel for M/s. Subba Rao & Co., Advocates. For the Respondents: R1, R3, R4, Smt. Sheela Krishna, AGA.

Judgment :-

Sabhahit, J.

This Writ Petition is filed under Article 226 of the Constitution of India being aggrieved by the order dated 28.04.2006 passed by the Karnataka Administrative Tribunal, (hereinafter called ‘the Tribunal’), Bangalore, in Application No.5218/2003, rejecting the application and declining to interfere with the order passed by the first respondent – State dated 06.06.2003, wherein de novo enquiry has been ordered against the applicant – petitioner herein by invoking the provisions of Rule 26(c) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, (hereinafter called the ‘KCS (CC & A) Rules’).

2. The petitioner herein joined service in the Health Department of the Government of Karnataka as a Lecturer on 22.07.1982. e was p[rHeGGGGUHHe was promoted as Professor of Forensic Medicine during August 2000. He has worked in Victoria Hospital, Bangalore, and Mysore Medical College Hospital, Mysore. One Mr. Naushad was admitted to Victoria Hospital for treatment of burn injuries on 13.11.2000 and Naushad died due to burn injuries. Smt. Khamar Taj, the mother of Naushad, the deceased through her advocate wrote a letter to the Assistant Sub-In








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