W.P No.16664/2021

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF OCTOBER, 2021

PRESENT

THE HON9BLE MR. JUSTICE P.S. DINESH KUMAR

AND

THE HON9BLE MR. JUSTICE P. KRISHNA BHAT

WRIT PETITION No.16664 OF 2021 (GM-KLA)

BETWEEN :

SHRI. PRASANNA KUMAR A.V

S/O LATE A.G. VIJAY KUMAR

AGED ABOUT 36 YEARS

OCC:REVENUE INSPECTOR

NO.5/1-4, 1^ST CROSS

SHAMANNA GARDEN

ADUGODI POST OFFICE

BANNERGATTA ROAD

BANGALORE-560 030 ... PETITIONER

(BY SHRI. E.C. VIDYA SAGAR, ADVOCATE)

AND :

1.

THE STATE OF KARNATAKA

REPRESENTED BY SECRETARY

URBAN DEVELOPMENT

GOVERNMENT OF KARNATAKA

M.S. BUILDING

BANGALORE-560 001

2.

THE ADDITIONAL REGISTRAR

OF ENQUIRES-14

KARNATAKA LOKAYUKTA

M.S. BUILDING

BANGALORE-560 001

W.P No.16664/2021

2

3.

STATE OF KARNATAKA

REPRESENTED BY

LOKAYUKTA POLICE

KOLAR-563 101

4.

T.V. SHANKARAPPA

S/O LATE CHIKKAVENKATAPPA

TOTLAPALYA, MULBAGILU

KOLAR-563 120 ... RESPONDENTS

(BY SHRI. C.N. MAHADESHWARAN, AGA FOR R1;

SHRI. VENKATESH S. ARABATTI, ADVOCATE FOR R2 & R3;

VIDE ORDER DTD.20.09.2021 R4 DELETED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE

IMPUGNED

ORDER

DATED

28.09.2020

ISSUED

BY

MR.C.S.SHIVAKUMARA

SWAMY,

UNDER

SECRETARY,

URBAN

DEVELOPMENT

DEPARTMENT,

GOVERNMENT

OF

KARNATAKA,

BANGALORE, RECOMMENDATION OF THE UPALOKAYUKTHA DATED

17.06.2020 AND ENQUIRY REPORT DATED 15.06.2020 PASSED BY

THE

ADDITIONAL

REGISTRAR,

ENQUIRIES-14,

KARNATAKA

LOKAYUKTHA, (ANNEUXRE-A, B AND C) PASSED BY THE R1, R2, AND

R3 RECOMMENDING AND PROPOSING TO IMPOSE PENALTY OF

COMPULSORY RETIREMENT FROM SERVICE OF THE PETITIONER,

FROM THE POST OF FIRST GRADE REVENUE INSPECTOR, TOWN

MUNICIPAL COUNCIL, BIDADI, RAMANGARA DISTRICT.

THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED

FOR ORDERS ON 21.09.2021, COMING ON FOR PRONOUNCEMENT OF

ORDERS THIS DAY, P.S.DINESH KUMAR. J, PRONOUNCED THE

FOLLOWING:-

W.P No.16664/2021

3

ORDER

This writ petition is filed with a prayer inter alia to

quash show-notice dated 28.09.2020 issued by the Under

Secretary to the Government, Department of Housing and

Urban Development, calling upon the petitioner to submit

his explanation within 15 days from the date of receipt of

the notice.

2.

Brief facts of the case are, during 2014, petitioner

was working as Revenue Inspector in Town Municipal

Council, Mulabagilu, Kolar District. One T.V.Shankarappa,

approached him on 30.07.2014 for certified copies of

khatha extracts and assessment of his property. He filed a

complaint before Lokayukta police that petitioner had

demanded illegal gratification. A trap was laid and

petitioner

was

caught

red-handed

while

accepting

Rs.1,000/-. He was acquitted in Special Case No.1/2015

on the file of the Principal District and Sessions Judge,

Kolar, vide judgment dated 31.07.2020.

W.P No.16664/2021

4

3.

The

State

Government

entrusted

the

Departmental Enquiry to the Hon'ble the Upa Lokayukta.

On enquiry, the charges were held to be proved. The

Hon'ble Upa Lokayukta has recommended for compulsory

retirement. Pursuant thereto, the instant show-cause

notice has been issued by the Government.

4.

Shri E.C.Vidyasagar, learned advocate for the

petitioner submitted:

• that the impugned notice is not in accordance with law

as it has not been issued by the Government but the

Under Secretary;

• that State Government have not applied their mind

and issued the show-cause notice mechanically;

• that petitioner has been acqui