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2019 Supreme(Kar) 1713

RAVI MALIMATH, S.G.PANDIT
Babu Nagappa Sulebhavi – Appellant
Versus
Principle Secretary Urban Development Department Vikasa Soudha Bengaluru – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. H RAMACHANDRA, ADVOCATE)
For the Respondent: SRI. VENKATESH S ARBATTI, SMT. N.ANITHA, adv

ORDER :

Though the orders in the writ petition was dictated on 21.03.2019, before putting our signatures, we noticed that the matter requires rehearing and accordingly, heard the matter afresh on 10.04.2019 and proceeded to pass the order.

2. The petitioner has filed this writ petition assailing Annexure-J/Enquiry Report dated 08.12.2015, Annexure-K/recommendation of Lokayukta dated 04.01.2016 and AnnexureO/order of dismissal from service dated 20.12.2016.

3. The petitioner was working as Sanitary Mukadum in Belagavi Municipal Corporation. While he was working as such, one Sameeulla Mohammed Rafiq Mulla made a complaint before the 3rd respondent that the petitioner demanded Rs.1,000/-as illegal gratification and agreed to receive Rs.700/- for issuance of Trade License for running a Xerox and Computer typing shop. A complaint was registered in Lokayukta as Crime No.17 of 2011 under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the P.C. Act’ for short). The DGO was trapped on 21.07.2011 while the petitioner was accepting Rs.700/- as bribe from the complainant, which was seized from the petitioner’s possession. On the

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