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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.R.Krishna Kumar, C.M.Poonacha
Shivanand S/O. Siddappa Diddibagil – Appellant
Versus
State Of Karnataka, R/By Principal Secretary, Department of Rural Development And Panchayat Raj – Respondent
ORDER :
S.R. KRISHNA KUMAR, J.
This petition takes exception to the impugned order dated 23.03.2022 passed in Application No.10192/2019 by the Karnataka State Administrative Tribunal, Belagavi, [Hereinafter referred to as “the Tribunal”] whereby the said application filed by the petitioner seeking quashing of the order dated 06.06.2019 produced at Annexure-A24 on the file of respondent No.1 imposing penalty of compulsory retirement and for reinstatement was dismissed by the Tribunal.
2. Heard the learned counsel for the petitioner and learned counsel for respondent No.2-Lokayukta and the learned AGA for respondent No.1-State and perused the material on record.
3. Perusal of the material on record will indicate that one Bhimanagouda Kabadagi filed a complaint on 02.03.2010 with the Deputy Commissioner, Vijayapura alleging that there were several deserving houseless persons in whose favour houses had to be sanctioned despite which the petitioner- Panchayat Development Officer as well as the President, Smt.Renuka Gopal Jadapet had illegally sanctioned houses to ineligible and well of persons and the road leading to their agricultural land was sub-standard and an enquiry in this regard was
A party is entitled to a fair opportunity to contest disciplinary proceedings against them, particularly where their absence from earlier hearings is attributable to unavoidable circumstances.
Disciplinary authorities must follow procedural rules, but admissions by the accused can impact the outcome of proceedings, justifying the penalties imposed.
Disciplinary proceedings must adhere to procedural fairness, but the absence of witness examination does not automatically void an inquiry if the charged party fails to propose witnesses.
The court ruled that unexplained delays in disciplinary inquiries are unacceptable, emphasizing joint responsibility for timely proceedings.
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