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2019 Supreme(Kar) 437

P.B.BAJANTHRI, P.G.M.PATIL
SHIVAPRASAD BIRADAR – Appellant
Versus
KARNATAKA LOKAYUKTA, BENGALURU – Respondent


Advocates Appeared:
Ameet Kumar Deshpande, S.S. Kumman, K.M. Ghate, Adv.

JUDGMENT :

P.B.Bajanthri, J.

In the instant appeal, appellant has assailed the learned Single Judge's order dated 02.11.2018 passed in W.P.No.203924/2018. Grievance of the appellant before the learned Single Judge reads as under:

"Petitioner is working as Assistant Engineer in Public Works Department. On account of a complaint lodged by one Mr. Subash Hosamani claiming himself to be the President of Karnataka Pranta Raita Sangha, Taluk Samithi, Jewargi Taluk, Kalaburagi District, an enquiry came to be instituted against the petitioner by 2nd respondent by order dated 17.05.2017. Articles of charges came to be issued as per Annexure-B and a report came to be submitted under Section 12(3) on 20.02.2017 by the 2nd respondent. Based on the said report, 3rd respondent has passed an order referring the matter for enquiry and report vide proceedings dated 10.05.2017 Annexure-D.

2. During pendency of said enquiry, Departmental Promotion Committee ('DPC' for short) meeting came to be convened to fill up the post of Assistant Executive Engineer, Divisional-1 by promotion in accordance with Rule 32 of Karnataka Civil Service Rules and petitioner who was in the zone of consideration also came to b















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