HC issues stay on action against Kodagu DC

The Karnataka High Court on Friday stayed it's orders regarding filing an FIR and initiation of departmental proceedings against the deputy commissioner, Kodagu district, in a property dispute matter.

Justice Vineet Kothari was hearing a revision petition filed by the deputy commissioner seeking a recall of the order passed by the court on Thursday.

On Thursday the court had directed the Registrar Vigilance to file an FIR against the deputy commissioner for passing two divergent orders on the same day to conflicting parties. The court had also directed the chief secretary to initiate departmental proceedings against the deputy commissioner with regard to this.

While appearing before the court on Friday, Deputy Commissioner Richard Vincent D'Souza said that he has no intention of mala fide (with intent to deceive) in this case. He stated that he had passed two orders on two different dates. However, he had mentioned the date of the first order on the second order. He also took responsibility of his mistake. He stated that he was under the impression that the date of the first order has to be maintained in the second order which was passed after including the corrections to be made in the first order.

Jutice Kothari told the deputy commissioner that there were a lot of missing links in his case and asked if he had passed both the orders in an open court. The judge further asked him if his orders have been recorded by his stenographer.

Justice Kothari further directed the deputy commissioner to produce the records of both the orders maintained by the stenographer before the court. He also asked him and his stenographer to file affidavits.

Justice Kothari said that it is painful for him to issue such orders wherein IAS officers are found to be guilty of committing a mistake. He expressed his disappointment by saying that when senior government officers act like this, it is very difficult to digest these kind of cases.

The deputy commissioner had passed the second order without the presence of the petitioner. On observing this, Justice Kothari said that this is not acceptable.

The bench then issued a stay on the FIR and departmental proceedings till further records are produced before the court for verification on the next date of hearing. The matter was adjourned to December 14.

 

 

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