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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S. KINAGI
Mahadevaiah, S/O H Mariyappa – Appellant
Versus
Karnataka Lokayukta – Respondent
ORDER :
ASHOK S.KINAGI, J.
1. The petitioner filed this writ petition challenging the impugned order dated 03.02.2021 issued by respondent No.4 vide Annexure-M, and sought for mandamus directing respondent Nos.2 to 4 to grant the petitioner full pension from the date of the retirement, and with further direction to immediately pay the withheld pensionary benefits along with interest at the rate at 18% per annum from the date it became due till the actual date of payment.
2. Brief facts, leading rise to filing of this writ petition are as follows:
3. The petitioner was appointed as a casual labour in Karnataka Electricity Board on 08.03.1979. The petitioner was observed as an Assistant Lineman on 23.07.1981. During in-service recruitment, the petitioner was selected and appointed as a Junior Assistant by the Karnataka Electricity Board on 08.06.1989. After the formation of Karnataka Power Transmission Corporation, the service of the petitioner was transferred to the Bangalore Electric Supply Company. He was promoted as Assistant vide order dated 02.12.2002. When the petitioner was working as Assistant at Devanahalli Sub-Division of BESCOM, he was the victim of a false case foisted again
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....
An acquittal in a criminal case influences disciplinary proceedings if based on identical facts; punitive actions must respect judicial findings to avoid injustice.
Acquittal in a criminal case by itself cannot be a ground for interfering with an order of punishment imposed by the Disciplinary Authority.
Acquittal in a criminal case must be considered in related departmental proceedings when based on identical facts.
Disciplinary proceedings against a public servant must cease if the charges are identical to those leading to an honourable acquittal in a criminal case, ensuring fairness in due process.
The acquittal in a criminal case impacts disciplinary proceedings when both are based on the same evidence, necessitating a reevaluation of the disciplinary action.
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