Rs 5,000 bribe results in 50% permanent reduction in pension

S Shyam Prasad | NT

Bengaluru: The High Court of Karnataka has upheld an order reducing the pension of a retired Block Education Officer (BEO) by 50 percent, after he was found guilty of accepting a Rs.5,000 bribe to issue a cheque.

“Keeping in mind, the necessary facts as noticed above and the position of law, it is clear that the enquiry officer has in detail appreciated all the necessary material on record while coming to the conclusion that the charges have been proved,” the division bench of Justice G Narendar and Justice CM Poonacha said in their judgement recently.

AV Kemparangaiah, was working as a BEO when it was alleged that he received a bribe of Rs.5,000 to release a cheque of Rs.1.5 lakh. An enquiry as conducted by the Lokayukta which in its report on April 29, 2019 held that the charges against him were proved.

It also recommended an imposition of penalty of permanently withholding 50 % of his pension since he had already retired from service on September 30, 2016.

After a second show cause notice, the disciplinary authority on January 21, 2021 imposed the penalty of permanent reduction of 50% of his pension. Kemparangaiah filed an application before the Karnataka State Administrative Tribunal challenging this order.

The Tribunal allowed his application and set aside the penalty on May 25, 2022. This was challenged by the State in a petition. The HC said that the Tribunal had erred in setting aside the penalty.

“The Tribunal, merely on the ground that there was inconsistency in the testimony of PW.2 has, held that there was no material against the first Respondent. Hence, the reasoning of the Tribunal is ex facie erroneous and liable to be interfered with,” the HC said.

The complainant who had alleged the bribe was dead and his statement could not be recorded. But the voice recording between him and the accused was available. Therefore, there was enough evidence to prove the charge, the HC noted.

“Having regard to the aforementioned, notwithstanding the fact that the Tribunal has noticed the inconsistency in the testimony of the shadow witness, the aspects regarding demand and acceptance have been placed on record by virtue of the voice recording. Hence, even though the complainant was dead and he was not available for the enquiry, in view of the voice recording that is available on record, it cannot be said that the finding of the enquiry officer that the charges are proved is one without any evidence,” the HC said.

Setting aside the Tribunal order and upholding the imposition of the penalty, the HC said, “It is clear that the relevant statutory stipulations have been complied with. The finding of the Tribunal that the mandatory requirements have not been complied with is erroneous and liable to be interfered with since, as noticed above, the Petitioners after considering the entirety of the matter as was placed on record by the report of the second Respondent and having examined the same passed the order.” (WP 26122/2022)