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2014 Supreme(Kar) 1036

A.N.VENUGOPALA GOWDA
Syed Ameen Ali – Appellant
Versus
High Court of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Sri H. Subramanya Jois, Smt. B.S. Vijayalakshmi, Sri K.C. Shanta Kumar
For the Respondent: Sri H. Kantharaja, Smt. M.S. Prathima

ORDER :

A.N. Venugopal Gowda, J.

1. The petitioner, a member of the Karnataka Judicial Service, was found guilty after a disciplinary enquiry was held against him. He was imposed with a punishment of withholding of two increments without cumulative effect. The said decision was communicated to the petitioner on 18.12.2008 and a copy was forwarded to the Accountant General (A & E), Karnataka. By a letter dated 23.03.2009, the office of the Accountant General (A & E), Karnataka, having stated that the punishment imposed is incapable of implementation, since the petitioner attained the age of superannuation on 31.01.2006, opinion of the Financial Advisor having been taken, it was proposed to modify the punishment. The petitioner was served with a show-cause notice dated 04.09.2010 and he having submitted a reply dated 06.09.2010, the order of punishment was reviewed and modified punishment was imposed. A further communication having been received from the office of the Accountant General (A & E), Karnataka, seeking clarification as to how the period of suspension is to be treated and a communication dated 29.04.2011 vide Annexure-N having been sent, 'that the period of suspension of the


























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