Ishwarappa vs The Managing Director, Regional Oil Seeds Growers, Co-Operative Societies Union Ltd. and Others

Mohan M. Shantana Goudar, J.—The resolution dated 25.8.2013 vide Annexure-D of the 1st respondent and the order dated 4.2.2015 vide Annexure-N passed by the 3rd respondent are called in question in this writ petition.

The records reveal that the petitioner was appointed in Karnataka Co-operative Oil Seeds Growers Federation Limited, Bangalore, on 4.12.1986. He was transferred to the 1st respondent - as Joint Manager in the Karnataka State Beverage Corporation Ltd., Spirit Depot, Hubli. During the year 2009, he was found demanding a sum of Rs. 9,600/- as illegal gratification from the complainant Mahesh, the Secretary of the Dharwad District Liquors Dealers Corporation, as a motive or reward for discharging his official duty of supplying liquor to different persons, who were running the liquor shops though they were in arrears of duty for eights months. On 26.11.2009 at 3.30 p.m. the petitioner was trapped in Preetham Bar and Restaurant while receiving a sum of Rs. 9,600/- from the complainant - Mahesh. After following due procedure, Crime No. 9/2009 came to be registered against the petitioner. Charge sheet was also filed in Special Karnataka Lokayukta Case No. 8/2011. The said matter was tried before the II Addl. District and Sessions Court, Dharwad for the offences punishable under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act. However, he was acquitted in the criminal case on 31.1.2013. In the meanwhile, Raichur Oil Seeds Corporation, wherein he was subsequently working passed a resolution as per Annexure-''D'' dated 25.8.2012 empowering the Managing Director to do correspondence as sought for by the Deputy Registrar Enquiries-1, Karnataka Lokayukta, Bangalore, against the petitioner herein under Rule 14-A of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 (''Rules'' for short). The enquiry proceedings are now initiated against the petitioner before the Additional Registrar Enquiries - 4, Karnataka Lokayukta, Bangalore. During the pendency of such enquiry, the petitioner made an application on 11.11.2014 for dropping the proceedings on the ground that he is not a Government Servant; that he is the servant working in a Co-operative Society and therefore, no enquiry could be held against him as per Section 14-A of the Rules. Such application came to be dismissed by the Additional Registrar Enquiry-5, Karnataka Lokayukta, Bengaluru, as per the order vide Annexure-''N'' dated 4.2.2015.

Aforementioned resolution at Annexure-''D'' dated 25.8.2012 and the order at Annexure-''N'' dated 4.2.2015 are assailed in this writ petition.

It is no doubt true that the petitioner was appointed in Karnataka Co-operative Oil Seeds Growers Federation Limited, Bengaluru on 4.12.1986. The Karnataka Co-operative Oil Seeds Growers Federation Limited is a society registered under the Co-operative Societies Act. These facts are not in dispute. However, his services were entrusted to Karnataka State Beverage Corporation Limited, which is a Government of Karnataka undertaking during the relevant point of time, i.e. 2008-09. While he was working as Joint Manager in the Karnataka State Beverage Corporation Limited, Spirit Depot, Hubli, the trap was laid on 26.11.2009, inasmuch as he was demanding a sum of Rs. 9,600/- as illegal gratification from one Mr. Mahesh, the Secretary of the Dharwad District Liquors Dealers Corporation, as a motive or reward for discharging his official duty of supplying liquor to different persons, who were running the liquor shops though in arrears. Based on such successful trap, crime came to be registered and the petitioner was tried before the Sessions Court, wherein he came to be acquitted. While facing the trial before the Sessions Court in Lokayukta case No. 8/2011, the petitioner did not raise the ground that he is not a Government servant etc. For the first time, the petitioner has raised the said ground during the course of domestic enquiry pending before the Additional Registrar Enquiry-5, Karnataka Lokayukta, Bengaluru.

Be that as it may, the fact remains that the petitioner was trapped while receiving a sum of Rs. 9,600/- on 26.11.2009, that too while he was discharging his duty as a Joint Manager in the Karnataka State Beverage Corporation Limited, Hubli. It is not in dispute that the Karnataka State Beverage Corporation Limited, Hubli, is a Government of Karnataka undertaking. Thus, it is clear that the petitioner was found to have committed illegality or misconduct while he was discharging the functions of Government of Karnataka. It is no doubt true that Rule 14-A of the Rules is made applicable against the Government servants, who were involved in misconduct which has been entrusted to Upa-Lokayukta either under the provisions of Lokayukta Act or under the Prevention of Corruption Act etc. The words "Government Servant" is defined under Section 2(d) of the said Rules and the same reads thus:

"2(d) "Government Servant" means a person who is a member of the Civil Services of the State of Karnataka or who hold a civil post in connection with the affairs of the State of Karnataka and includes any person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority, any person or persons whether incorporated or not and also any person in the service of the Central or another State Government or a local or other authority whose services are temporarily placed at the disposal of the Government of Karnataka."

(emphasis supplied)

The plain meaning of the aforementioned definition would clarify that the "Government Servant" means and includes any person in the service of local or any other authority whose services are temporarily placed at the disposal of the Government of Karnataka. In the matter on hand, though the petitioner was a servant of the Karnataka Cooperative Oil Seeds Growers Federation Limited, his services were temporarily placed at the disposal of the Government of Karnataka to work as Joint Manager in Karnataka State Beverage Corporation, Hubli. Since the petitioner''s services were temporarily placed at the disposal of the Government of Karnataka and as the petitioner committed misconduct while serving as Joint Manager at Karnataka State Beverage Corporation, Hubli, which is the Government of Karnataka undertaking, he is liable to be proceeded with, as per law. Admittedly, he has faced the criminal trial, in which he is acquitted. Mere acquittal of the petitioner in criminal case would not debar from being proceeded in domestic enquiry. Since the petitioner was found to have committed misconduct while he was discharging his duties in the Government Karnataka Organisation, we do not find any ground to interfere with the order as well as the resolution by which the petitioner is being enquired by the Additional Registrar Enquiry-5, Karnataka Lokayukta, Bengaluru.

Hence, no interference is called for. Petition fails and the same stands dismissed.