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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF FEBRUARY, 2021

PRESENT

THE HON’BLE MR. JUSTICE ARAVIND KUMAR

AND

THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR

W.P.NO.9756/2019 C/W

W.P.NO. 9809/2019 (GM-KLA)

W.P.No.9756/2019:

BETWEEN:

B.K.PAVITHRA

S/O.B.A.KUMARASWAMY

AGED ABOUT 50 YEARS,

WORKING AS SUPERINTENDING

ENGINEER, KARNATAKA HOUSING

BOARD, CAUVERY BHAVAN,

BENGALURU-560 009

...PETITIONER

(BY SRI.ASHOK HARANAHALLI, SENIOR COUNSEL FOR

SRI.KARTIC V PATIL, ADVOCATES)

AND:

1.

STATE OF KARNATAKA

BY ITS PRINCIPAL SECRETARY

TO GOVERNMENT

DEPARTMENT OF PUBLIC WORKS,

PORTS AND INLAND WATER

TRANSPORT (SERVICES-3),

VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI,

BENGALURU-560 001

2.

KARNATAKA LOKAYUKTA

M.S.BUILDING, DR.B.R.AMBEDKAR

VEEDHI, BENGALURU-560 001

2

BY ITS REGISTRAR

…RESPONDENTS

(BY SRI.SHILPA S.GOGI, HCGP FOR R-1;

SRI VENKATESH ARBATTI, ADV. FOR R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

CONSTITUTION OF INDIA PRAYING TO QUASH (1) CHARGE

SHEET DATED 28.03.2009 (UNDER ANNEXURE-J) (II) INQUIRY

REPORT DATED 24.09.2018 (UNDER ANNEXURE-P TO THE WRIT

PETITION) OF THE ENQUIRY OFFICER NOMINATED BY THE R-2

AND

(III)

RECOMMENDATION

DATED

05.02.2019

(UNDER

ANNEXURE-Q) TO THE WRIT PETITION) MADE BY THE R-2 IN SO

FAR

AS

PETITIONER

IS

CONCERNED

AND

GRANT

ALL

CONSEQUENTIAL BENEFITS.

W.P.No.9809/2019:

BETWEEN:

N.G.GOWDAIAH

S/O.N.S.GANGACHANNAPPA

AGED ABOUT 57 YEARS,

WORKING IN THE CADRE OF

SUPERINTENDING ENGINEER (UNDER

SUSPENSION) & R/A NO.9,

'ANUGRAHA', 1ST 'A' MAIN,

KHB COLONY, BASAVESHWARANAGAR,

BENGALURU-560 079

...PETITIONER

(BY SRI.ASHOK HARANAHALLI, SENIOR COUNSEL FOR

SRI.KARTIC V PATIL, ADVOCATES)

AND:

1.

STATE OF KARNATAKA

BY ITS PRINCIPAL SECRETARY

TO GOVERNMENT

DEPARTMENT OF PUBLIC WORKS,

PORTS AND INLAND WATER

TRANSPORT (SERVICES-3),

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VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI,

BENGALURU-560 001

2.

KARNATAKA LOKAYUKTA

M.S.BUILDING, DR.B.R.AMBEDKAR

VEEDHI, BENGALURU-560 001

BY ITS REGISTRAR

…RESPONDENTS

(BY SRI.SHILPA S.GOGI, HCGP FOR R-1;

SRI VENKATESH ARBATTI, ADV. FOR R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

CONSTITUTION OF INDIA PRAYING TO QUASH (1) CHARGE

SHEET DATED 28.03.2009 (UNDER ANNEXURE-J) (II) INQUIRY

REPORT DATED 24.09.2018 (UNDER ANNEXURE-P TO THE WRIT

PETITION) OF THE ENQUIRY OFFICER NOMINATED BY THE R-2

AND

(III)

RECOMMENDATION

DATED

05.02.2019

(UNDER

ANNEXURE-Q) TO THE WRIT PETITION) MADE BY THE R-2 IN SO

FAR

AS

PETITIONER

IS

CONCERNED

AND

GRANT

ALL

CONSEQUENTIAL BENEFITS.

THESE PETITIONS COMING ON FOR ORDERS THIS DAY,

ARAVIND KUMAR J, MADE THE FOLLOWING:

O R D E R

Petitioners have challenged the recommendation made

by second respondent under Rule 14(A)(2)(d) of the Karnataka

Civil Services (CCA) Rules, 1957 and the proceedings

preceding the same namely, Articles of charges, enquiry report

whereunder the petitioners have been held guilty of the

charges levelled against them and recommendation made by

Lokayukta for imposing penalty of stoppage of annual

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increments with cumulative effect for a period of 5 years

against petitioner in W.P.No.9756/2019 and 3 years including

denial of 25% of pension payable to him every month for a

period of 2 years against petitioner in W.P.No.9809/2019.

2.

Petitioners who were appointed as Assistant

Executive Engineers in the Public Works Department of State

Government came to be promoted and while functioning as

Executive Engineer, (1) Building Division-PWD, Bengaluru

during

the period 2003, 2004

and 2004 and 2007

respectively, were visited with enquiry proceedings on the

ground a complaint was given by one Sri.S.D.Vinod Kumar

against

the

Chief

Engineer

and

others

alleging

misappropriation of amounts to the tune of Rs.5 Crores by not

getting the work done from contractor as per specification

prescribed under the tender while