1. Petitioner, who was in the cadre of Community Organizer and worked in the office of City Municipal Council, Harihara-Davanagere, has filed this writ petition, to quash an order of dismissal dated 18.04.2013 (Annexure-A), passed by the Director, Municipal Administration Department, Government of Karnataka, Bangalore and to direct the respondents to take him back immediately to duty and extend all consequential benefits.

2. One Smt. Sushelamma, wife of Eshwarappa, Durgigudi Layout, Honnali Taluk, Davanagere, filed a complaint on 11.07.2007 before the Police Inspector, Karnataka Lokayukta, Davanagere, alleging that when she applied for certificate of title of house Site No.18, measuring 20x30 feet, in Sy.No.14 of Honnali Village, granted by the Government under Ashraya Scheme, when approached the petitioner on 10.07.2007 and requested about the said work, allegedly demanded a bribe of Rs.800/- and not willing to pay the bribe, she filed a complaint, based on which, case in Davanagere Lokayukta Police Crime No.6/2007 for the offences punishable under Ss.7, 13(1) (d) r/w S.13(2) of the Prevention of Corruption Act, 1988 (for short ‘the P.C. Act’) was registered and FIR was submitted to the Special Judge. The case having been investigated, a charge sheet was filed in Special Case No.12/2007 in the Court of District and Sessions Judge at Davanagere. After trial, on 08.02.2013, petitioner having been found guilty was convicted for the said offences and was sentenced to undergo R.I. for one year and pay fine of Rs.10,000/-, in default to pay fine, to undergo S.I. for further period of six months. Feeling aggrieved, petitioner filed Criminal Appeal No.231/2013. By an order dated 04.03.2013, the appeal was admitted and the impugned sentence was suspended.

3. The Director of Municipal Administration, as a sequel to the petitioner having been found guilty of the charges leveled against him in Special Case No.12/2007 on the file of the District and Sessions Court, Davanagere, passed an order dated 18.04.2013 and dismissed the petitioner from the service. W.P.No.19056/2013 filed assailing the said order of dismissal was dismissed on 25.04.2013 with an observation that “it is open to the petitioner to workout his rights and remedies as and when things develop”.

4. The 1st respondent having ordered for holding an enquiry against the petitioner and the 3rd respondent having issued Articles of charge dated 27.09.2013, vide Annexure-D, in respect of the allegation that the petitioner having demanded and accepted bribe of Rs.800/- on 11.07.2007 from the complainant – Smt. Susheelamma for issuing of certificate of title of the property sanctioned under Ashraya scheme and that he failed to maintain absolute integrity and committed an act, which is unbecoming of a Government servant and thus, guilty of misconduct under Rule 3(1) (i) to (iii) of KCS (Conduct) Rules, 1996, this writ petition was filed, to quash the order of dismissal passed on 18.04.2013, vide Annexure-A, passed by the 2nd respondent and for grant of consequential reliefs.

5. Sri A. Nagarajappa, learned advocate, vehemently contended that in view of issuance of Articles of Charge dated 27.09.2013, which is a subsequent development, the order of dismissal passed by the 2nd respondent on 18.04.2013 is liable to be quashed, more particularly, in view of the observation made in the order dated 25.04.2013 passed in W.P.No.19056/2013. He submitted that in view of issuance of Articles of charge, as at Annexure-D, by operation of law, the petitioner is in office and is entitled to continue till the action is taken on the basis of the departmental enquiry. He further submitted that the sentence imposed on the petitioner having been suspended in Crl.A.No.231/2013 on 04.03.2013, the petitioner is entitled to the relief sought for.

6. Perused the writ record.

7. In Special (LOK) Case No.12/2007, by a judgment dated 13.02.2013, passed by the Principal District and Sessions Judge, Davana