When two or more Govt officers are accused, a joint enquiry should be held: HC

Bengaluru, NT Bureau: Under the Karnataka Civil Services (Classification, Control and Appeals) Rules, when the same allegation is made on more than one government employee a joint enquiry should be conducted, the High Court has said.

Allowing a petition by a First Division Assistant of the Education Department, the High Court has set aside the order of a Karnataka State Administrative Tribunal (KSAT) which had dismissed him from service.

In the same allegation, a separate inquiry was conducted against the Block Education Officer and other officials and they were exonerated. The FDA claimed that he had been singled out and victimized and approached the High Court.

The Division Bench of Justice P S Dinesh Kumar and Justice TG Shivashankare Gowda heard his petition and gave their judgement recently.

DV Manjunath, approached the HC. His contention was that a charge sheet was issued to him alleging misappropriation of funds in the office of the BEO, Ramanagara.

He was working as the FDA at that point of time. He claimed that he was no a disbursing officer but the BEO and other officials senior to him, namely the Gazetted Managers and Officer Superintendent were not prosecuted by the State in a joint enquiry but in a separate enquiry.

While the enquiry against the senior officers exonerated him, the enquiry against him found him guilty. The KSAT also upheld the finding. The HC in its judgement noted that Rules say there should be a joint enquiry.

“It is not in dispute that the allegation against the petitioner on the one hand and the BEO and other officials on the other, in substance, is one and the same. Rule 13 of KCSR, contemplates joint enquiry where two or more government officials are concerned in any case, the authority competent to impose penalty may make an order directing disciplinary enquiry against all of them in common proceedings,” it said.

The HC noted that two separate enquiries have been conducted.

“Admittedly, two separate enquiries have been conducted. In the enquiry against the BEO and other officials, they have been exonerated and the same has been accepted by the State Government. In the parallel enquiry conducted against the petitioner, he has been held guilty and major punishment i.e, dismissal has been imposed,” it said.

(WP 16654/2022)