The court affirmed departmental enquiry legitimacy despite concurrent civil proceedings, emphasizing distinct legal processes for addressing misconduct under statutory rules.

ORDER :

V KAMESWAR RAO, J.

The present petition is filed by the petitioner with the following prayers:-

a) CALL for records from Respondents the pertaining to the impugned entrustment order dated 18/01/2022 (Annexure-P), the impugned Articles of Charge dated 23/02/2022 (Annexure-Q), the impugned enquiry report dated 20/04/2024 (Annexure-S), the impugned recommendation dated 25/04/2024 (Annexure-T) and the impugned second show cause notice dated 10/06/2024 (Annexure - V);

b) ISSUE WRIT OR ORDER quashing the impugned entrustment order dated 18/01/2022 bearing No.NaAaE 85 DMK 2021 issued by Respondent No. 1 (Annexure-P), the impugned Articles of Charge dated 23/02/2022 bearing No.Upalok-2/ DE/24/2022/ARE-10 issued by Respondent No. 3 (Annexure -Q), the impugned enquiry report dated 20/04/2024 bearing No.Upalok-2/DE/24/2022/ARE-10 issued by Respondent No. 3 (Annexure-S), the impugned recommendation dated 25/04/2024 bearing No. Upalok-2/DE/24/2022/ARE-10 issued by Respondent No. 3 (Annexure-T) and the impugned second show cause notice dated 10/06/2024 bearing No.NaAaE 85 DMK 2021 issued by Respondent No. 1 (Annexure - V), in the interest of justice and equity;

c) PASS any such other Order which this Hon'ble Court deems fit, including the cost of the Writ Petition, in the interest of justice and equity.

2. It is the case of the petitioner and so contended by Sri. M.S.Bhagawath, the learned Senior Counsel appearing for her that, the petitioner was initially appointed on 20.01.2004 as Assistant Engineer in the Respondent No.2- Organization i.e., Bruhat Bengaluru Mahanagara Palike ( ‘BBMP’ in short). On 14.02.2008 she was promoted to the post of Assistant Executive Engineer. On 26.11.2010 while working as incharge Executive Engineer at Mahadevapura, she was regularly promoted to the post of Executive Engineer. On 22.09.2012, she was sent on deputation by the Respondent No.1- The Department of Urban Development to the vacant post of Commissioner, Chigtradurga Municipal Council for a period of two years or until further orders, on her own pay scale. On 23.01.2013, the mother of the petitioner Smt.Lalithamma executed a Gift Deed in the name of Sri.Mahesh.K, the husband of the petitioner, in respect of a vacant site No.293 situated in the 5^th Block, Ward No.31, Kelagote Municipal Colony, Chitradurga measuring 30x40 sq.ft.

3. According to Mr. Bhagawath, the said property comes under the purview of the office of the Sub-Registrar, Chitradurga. It is his submission that, pursuant to the Registered Gift Deed dated 23.01.2013, the Katha of Site No.293 is transferred in the name of Sri. Mahesh K., the husband of the petitioner on 28.02.2013. According to Mr. Bhagawath, Smt. Lalithamma, the mother of the petitioner filed OS No.102/2013 before the Civil Court in Chitradurga, disputing the Registered Gift Deed dated 23.01.2013 and sought to cancel the Gift Deed dated 23.01.2013 and for Permanent Injunction restraining the petitioner and her husband, their agents, servants etc., from interfering with the peaceful possession and enjoyment of the suit schedule property therein. On 04.01.2014, the husband of the petitioner, the Defendant No.1 therein filed his written statement in the OS No.102/2013 contending that the suit preferred by the mother of the petitioner is false, frivolous and vexatious and prayed for the dismissal of the same. When the things stood thus, Smt. B. Umadevi was impleaded as Defendant No.2 on the said suit. She filed a written statement and counter- claim contending that the property in dispute does not belong to either the plaintiff or the defendant No.1 therein and she is the absolute owner of the said property. She informs that the suit is still pending before the concerned Trial Court. On 03.05.2016, Smt. B. Umadevi filed a