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2022 Supreme(SC) 234

D. Y. CHANDRACHUD, SURYA KANT
State of Karnataka – Appellant
Versus
Umesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. V. N. Raghupathy, AOR Md. Apzal Ansari, Adv.
For the Respondent(s): Mr. Ashwin V Kotemath, Adv. Ms. E. R. Sumathy, AOR Mr. Nishant Bhardwaj, Adv.

JUDGMENT :

Dhananjaya Y. Chadrachud, J.

1. The appeals arise from a judgment dated 29 November 2017 of a Division Bench of the High Court of Karnataka at the Kalaburagi Bench. The High Court set aside the judgment of the Karnataka Administrative Tribunal dated 25 April 2016 directing the compulsory retirement of the respondent from service following a disciplinary enquiry on charges of bribery.

2. The respondent was working as a Village Accountant at Revathagao in Indi Taluka of Bijapur District in Karnataka. The charge against the respondent is that he demanded a bribe for deleting the name of a person from Column No. 11 of the RTC with regard to land bearing Survey No. 54, situated at Shirdona Village. A criminal complaint was registered with the Lokayukta police against the respondent for the commission of an offence punishable under Sections 7 and 13(1) (d) read with Section 13 (2) of the Prevention of Corruption Act 1988. After the investigation, a charge sheet was submitted against the respondent by the Lokayukta police in Special Case No. 20 of 2011 in the Court of Special Judge at Bijapur. During the course of the trial before the Special Judge at Bijapur, the prosecution exam

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