Disciplinary proceedings initiated without due application of mind, ignoring substantive replies, or based on vague/unsubstantiated allegations where no rule violation is established, are arbitrary and liable to be quashed under judicial review.

WRIT PETITION NO.7267 OF 2024 (S-KSAT)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 23-8-2023 PASSED BY THE TRIBUNAL IN APPLICATION NO.6278 OF 2022 (VIDE ANNEXURE-A) AND ALLOW THE APPLICATION, AS PRAYED FOR.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

and

HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER

(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

1. This petition is filed under Article 226 of the Constitution of India to set aside the order dated 23.08.2023 passed by the Karnataka State Administrative Tribunal, Bengaluru, in Application No.6278/2022 and to set aside the show-cause notice bearing No.RD.24.ADE.2022 dated 06.08.2022 issued by respondent No.1-State and charge memo issued by respondent No.2.

2. The brief facts of the petitioner's case are as under:

The petitioner was appointed as a Tahsildar Grade II through KPSC and was subsequently promoted as Tahsildar Grade I on 27.09.2017. The petitioner while working at Virajpet, Kodagu District, was transferred to Koratagere Taluk, Tumkur District on 29.06.2019 and he reported to duty on 06.07.2019.

On 20.01.2021, the Assistant Commissioner, Madhugiri, Tumkur District, (respondent No.3) issued notice to the petitioner for not taking steps to evacuate the pit in Survey No.33 of Akkajihalli Village, which is a Government land. Further, the Assistant Commissioner, Madhugiri, issued another show-cause notice dated 02.02.2021 to the petitioner and sought explanation from him regarding not taking steps to stop the encroachment in Survey No.16 of Chikkanayakanahalli Village. In this regard, the petitioner submitted his detailed reply on 08.02.2021 to respondent No.3 and stated that, steps have been taken to protect the Government land and action was taken for removal of closure of pit/halla by issuing notice to Surveyor. However, respondent No.3 ignoring the reply given by the petitioner, prepared a charge memo on 14.07.2021 and forwarded the charge memo alleging that the petitioner has failed to take any steps in checking encroachment and sought further action in the matter.

Thereafter, respondent No.2, the Deputy Commissioner, Tumkur District, without application of mind and without noticing the reply given by the petitioner, forwarded articles of charges to respondent No.1-Government of Karnataka on 05.03.2022 for further action. In turn, respondent No.1-Government of Karnataka issued a show-cause notice dated 06.08.2022 (Annexure-A8) seeking explanation from the petitioner to the charge memo, stating that the petitioner has not submitted any reply to the said show-cause notice.

3. Being aggrieved by the aforesaid charge memo, the petitioner filed Application No.6278/2022 before the Karnataka State Administrative Tribunal, Bengaluru, on 19.12.2022. The Tribunal after hearing the matter and noticing that the procedure followed by respondent No.1-State in issuing charge memo being contrary to Rule 11 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, (for short 'KCS (CCA) Rules, 1957'), granted an interim order of stay on 02.01.2023 and thereafter, the Tribunal dismissed the application filed by the petitioner. Thus, the petitioner is before this Court.

4. We have heard the learned counsel for the petitioner,