V.R. KATARKI versus STATE OF KARNATAKA AND ORS.

V.R. KATARKI versus STATE OF KARNATAKA AND ORS.

Dismissal from service was disproportionate to the charges proven; compulsory retirement is adequate considering absence of ill motive in valuation and lack of serious irregularity in pump-set purchase.

Parties
Appellant: V.R. Katarki; Respondents: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
22 March 1990
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Dismissal in Writ Petition
Outcome
appeal dismissed, but dismissal modified to compulsory retirement from date of original dismissal; no costs
Legal Topics
Judicial Discipline, Proportionality of Punishment, Service Rules, Land Acquisition Adjudication

Case Brief

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Parties

V.R. Katarki

Appellant

State of Karnataka and Ors.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Dismissal in Writ Petition

  1. 1 Validity of dismissal of Civil Judge for alleged irregularities
  2. 2 Whether quantum of punishment is proportionate

Ratio Decidendi

Dismissal from service was disproportionate to the charges proven; compulsory retirement is adequate considering absence of ill motive in valuation and lack of serious irregularity in pump-set purchase.

Court Disposition

appeal dismissed, but dismissal modified to compulsory retirement from date of original dismissal; no costs

Orders

  • Appellant to be treated as compulsorily retired from service instead of dismissed, effective from date of operative dismissal