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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, VENKATESH NAIK T.
Hiriyanna Gowda, S/o. K. Kunjappa Gowda – Appellant
Versus
Karnataka Power Transformer Corporation Ltd. – Respondent
ORDER :
D.K. SINGH, J.
The present Writ Petition has been filed impugning the order of punishment dated 24.07.2019, wherein the petitioner had been inflicted with the punishment of withholding 50% of his pension permanently and to treat the suspension period as 'leave without pay' after conclusion of the domestic enquiry against him. The petitioner has also challenged the enquiry report dated 28.02.2019 (Annexure-B), as well as the recommendation of the Lokayukta for withholding 50% of the pension permanently vide the recommendation dated 05.03.2019.
The petitioner faced domestic enquiry conducted by learned Lokayukta for the following charges:
"Charge:
That you, Sri. R. Hiriyanna Gowda, (here in after referred to as Delinquent Government Official, in short DGO), while working as the Junior Engineer (Elcl.), MESCOM, Konaje Branch, Mangalore, Dakshina Kannada District demanded and accepted a bribe of Rs. 1500/-on 05/03/2010 from complainant Sri. G.Ajmal Khan S/o Sri. K. Abdul Gafar Khan, R/o Chamlapura Hundi, behind BDO 01 Office at Nanjanagudu Town in Mysore District for line clearance and giving electrical connection to the building of Nishara Public School in Harekala Village of Manga
Disciplinary proceedings' standards differ from criminal trials; acquittal does not bar disciplinary action if evidence supports charges.
The standards for departmental inquiries differ from criminal trials; an acquittal does not prevent disciplinary actions if the acquittal is not honorific.
(1) Disciplinary Enquiry – Rules of evidence which apply to a criminal trial are distinct from those which govern a disciplinary enquiry – Acquittal of accused in a criminal case does not debar emplo....
The acquittal in a criminal trial should be considered in Disciplinary Proceedings, and there is a need for protection of honest employees from false implication.
Acquittal in criminal law does not bar disciplinary proceedings, as the standards of proof differ significantly between the two.
Acquittal in criminal cases may impact disciplinary proceedings if both are based on the same set of facts; disciplinary action cannot persist against a person acquitted in criminal court under simil....
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
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