The main legal point established in the judgment is that statutory power must be exercised strictly in accordance with the law, and the authority must act in the manner provided in the statute itself.

ORDER :

In the instant petition, the petitioner has sought for the following relief:

(i) Quash the Order of dismissal from service dated 25.06.2019 bearing No.Ka.Gra.Mum/ Adalita/Si.Sha.1/PR/ 2018-19 passed by the 2nd Respondent under Rule 8 (viii) of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 produced at Annexure-A.

(ii) Direct the 2nd Respondent to reinstate the Petitioner to discharge duties as Asst. Executive Engineer at District Project Office, Karnataka Housing Board, Bagalkot,

(iii) Pass such other order or direction, this Hon’ble Court deems fit in the circumstances of the case.

2. The petitioner is an employee of the 2nd respondent-Karnataka Housing Board (for short “KHB”) and he is in the cadre of the Assistant Executive Engineer. He was subjected to disciplinary proceedings on the allegations that, in collusion with the middleman he has caused financial loss to the KHB/Government. In this backdrop the matter was investigated by the Office of the Karnataka Lokayuka. Thereafter, Office of the Lokayukata sought order for initiation of enquiry under sub rule (2) (a) (i) (ii) and (iii) of Rule 14-A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (hereinafter referred to as the ‘CCA Rules, 1957’, for brevity) from the Government. The Government acted upon the Office of the Lokayukta request for taking disciplinary action and permitted on 05.02.2012. Thus, the inquiry initiated and it was concluded in holding the alleged charges leveled against the petitioner were proved. Thereafter, Upa-Lokayukta recommended for imposition of penalty of dismissal from service on 11.10.2018. On receipt of Upa-Lokayukta’s communication, State Government by its communication dated 26.10.2018 directed respondent No.2 - Commissioner, KHB for taking action. Thereafter, Housing Commissioner issued notice on 14.12.2018 for which petitioner submitted his explanation on 03.01.2019. In this backdrop, respondent No.2-Commissioner proceeded to dismiss the petitioner from service under Rule 8 (viii) of CCA Rules, 1957.

3. The learned counsel for the petitioner vehemently contended that, pursuant to the Upa-Lokayukta’s recommendation read with the Government communication dated 26.10.2018, the Commissioner, KHB has no power to pass an order of dismissal. The entire proceedings were initiated under Rule 14-A of CCA Rules 1957. It was submitted that, in the entire Rule 14A, power is vested with the Office of the Lokayukta and Government. No power is vested with the Commissioner, KHB. The disciplinary authority is Commissioner, KHB and appellate authority is Principal Secretary, Housing Department under the Karnataka Housing Board Act, 1962 (hereinafter referred to as the ‘KHB Act, 1962’, for short) read with the Karnataka Housing Board Rules 1964 (hereinafter referred to as the ‘KHB Rules, 1964’, for short). There is no provision empowering the State Government to recommend for a dismissal of an employee of the Karnataka Housing Board. In the absence of any power, the Commissioner, KHB mechanically accepted the recommendations made by the Office of the Upa-Lokayuka read with the State Government’s communication. Thus, there is a total non-application of mind and in the absence of any statutory provision, empowering Commissioner, Housing Board to invoke provision of Rule 14-A read with Rule 8 of Rules 1957, in dismissing the petitioner from service.

4. Per contra, learned AGA for the State vehemently opposed the contentions of the petitioner. The learned AGA for the State pointed out, under sub-Section 6 of Section 10 of the KHB Act, 1962, the Commissioner, Karnataka Housing Board is equated to that of a major Head of the Department of the State Government under the Karnataka Civil Services Rules. Therefore, respondent No.2 -Commissioner is a competent authority. Further, it was pointed out that, und