HC issues stay on criminal action against Kodagu DC

HC issues stay on criminal action against Kodagu DC

November 26, 2017

Bengaluru: The Karnataka High Court has stayed it’s orders regarding filing an FIR and initiation departmental proceedings against the Kodagu Deputy Commissioner (DC)  Dr. Richard Vincent D’Souza in a property dispute matter. Justice Vineet Kothari was hearing a revision petition filed by the DC seeking a recall of the order passed by the High Court on Thursday.

The High Court had directed the Registrar of Vigilance to file a FIR against the DC 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, Kodagu DC Dr. 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.

Justice Kothari directed the DC to produce the records of both the orders maintained by the stenographer before the Court. The DC 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.

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The matter was adjourned  to Dec. 14.


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