Sri Beeralinge Gowda vs State of Karnataka Revenue Department

J.S. Khehar, C.J.—The Petitioner is presently, substantially holding the post of Tahsildar. Based on a complaint made against the Petitioner, the Upalokayukta issued an order dated 30.7.2009 initiating disciplinary proceedings against the Petitioner. Thereafter, by order dated 28.8.2009, the Upalokayukta framed articles of charges against the Petitioner. The enquiry proceedings against the Petitioner are presently stated to be pending before Upalokayukta.

The grievance of the Petitioner is, that his claim for onward promotion is held up on account of the fact, that there is no Presiding Officer in the enquiry proceedings which have been initiated against him. It is with the instant grievance, that the Petitioner has approached this Court.

Mr. Basavaraj Kareddy, learned Principal Government Advocate appearing on behalf of Respondent No. 1 sought an adjournment on 24.1.2011, so as to enable him to obtain instructions in the matter. Having obtained instructions, the learned Principal Government Advocate informs us, that the Presiding Officer was not available for a short period for about two months and no prejudice can be deemed to have been suffered by the Petitioner on account of the absence of the Presiding Officer. Additionally, it is contended, that the claim of the Petitioner for onward promotion shall be duly considered along with other eligible candidates in accordance with law. It is submitted, that in so far as the deliberations of the Departmental Promotion Committee pertaining to the Petitioner are concerned, same shall be placed in sealed cover and shall be given effect to, in case the Petitioner is exonerated in the proceedings which are being conducted against him by the Upalokayukta.

Learned Counsel for the Petitioner states, that the Petitioner is fully satisfied with the statement made to this Court by the learned Counsel representing the Respondents.

In view of the above, we consider it just and appropriate to dispose of the instant writ petition with a direction to the Respondents to consider the claim of the Petitioner for onward promotion by adopting sealed cover procedure. In case the Petitioner is exonerated in the proceedings which are pending against him before Upalokayukta, the determination by the Departmental Promotion Committee in the sealed cover, shall be given effect to, within two weeks of the submission of report. by the Upalokayukta. In case, Upalokayukta passes any order to the detriment of the Petitioner, an appropriate order shall be passed in this regard.

Allowed in the aforesaid terms.