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THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
SRI ERANNA – Appellant
Versus
KARNATAKA LOKAYUKTA – Respondent
| Table of Content |
|---|
| 1. background on the petitioner's employment and bribery allegation. (Para 1 , 2) |
| 2. arguments on procedural fairness and evidentiary issues. (Para 3 , 4 , 5 , 6 , 8 , 9) |
| 3. distinction between criminal law and departmental proceedings. (Para 10 , 11 , 12 , 13) |
| 4. outcome based on evidentiary standards in departmental inquiry. (Para 14 , 15 , 16) |
| 5. final decision dismissing the writ petition. (Para 17) |
ORDER :
E.S.INDIRESH, J.
In this writ petition, the petitioner is assailing the order dated 19th January, 2016 (Annexure-A) passed by the respondent No.1 and Order dated 29th August, 2016 (Annexure-C) passed by the respondent No.2; inter alia sought for a direction to the respondent No.2 to consider the representations of the petitioner dated 25th April, 2018 (Annexure-G) and 02nd March, 2018 (Annexure-H) to re-instate the petitioner into service and to pay the salary/back wages and other benefits to the petitioner.
2. The relevant facts for adjudication of this writ petition are that the petitioner was working as a Peon (D-Group) at the respondent No.2-Rajiv Gandhi University of Health Sciences and was efficiently discharging his duties in the said post. It is stated that t
Disciplinary proceedings for corruption may stand despite the non-examination of the complainant if there is sufficient corroborative evidence consistent with the misconduct charged.
An acquittal in a criminal case influences disciplinary proceedings if based on identical facts; punitive actions must respect judicial findings to avoid injustice.
Disciplinary authorities must follow the established procedure of law and judicial pronouncements in disciplinary proceedings.
Disciplinary authorities must provide reasons for disagreeing with enquiry officer findings and issue a second show cause notice before imposing punishment, adhering to principles of natural justice.
(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....
In departmental enquiries, documents cannot sustain guilt without witnesses proving contents and authenticity; oral evidence must establish bribe demand and acceptance by charged officer, mere recove....
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
The main legal point established in the judgment is that the proof of demand and acceptance of illegal gratification is essential to establish guilt under the Prevention of Corruption Act, and the co....
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