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Judgment
The appeal is barred by limitation. The delay is of 6 days.
By consent, the appeal is taken up for preliminary hearing.
This is an appeal against the judgment and order dated November 26, 2015, passed by the Hon''ble Single Judge in two writ petitions.
A search was conducted by the Lokayuktha in the office of the Karnataka State Pollution Control Board. In the course of the search, Rs.3,00,000/- (Rupees three lakh) only, was allegedly recovered from the drawer of the table of this writ petitioner - appellant. A criminal case was initiated. The criminal case was quashed. The writ petitioner insisted that as the criminal case has been quashed, he has been entitled to be reinstated. The authorities have decided to initiate disciplinary proceeding.
The standard of proof of the criminal case and that of the disciplinary proceedings are different. Even if the criminal proceedings are quashed, the authorities are entitled to initiate disciplinary proceeding.
The Hon''ble Single Judge, in our view, rightly granted liberty to the authorities to initiate disciplinary proceeding against the delinquent employee.
We do not find any merit in the appeal.
The application for condonation of delay is dismissed. Consequently, the appeal is, also, dismissed.
In view of dismissal of the appeal, the pending interlocutory application does not survive for consideration and is, also, dismissed.
We make no order as to costs.