ORDER : In the instant petition, petitioner has sought for the following reliefs: (a) Issue a writ of certiorari or any other writ quashing the order dated 22.10.2016 in No. AM.ANI/CAA/LOTRYA/200910/201617/11596/24/10/2016/22/10/16 passed by the 2nd respondent produced at ANNEXURE-J (b) Grant such other order or direction as deems fit to grant in the facts and circumstances of the case. 2. Petitioner was in the cadre of Recovery Officer and he was on deputation to SC/ST Development Corporation. While he was on deputation one Sri.V.Ramanjaneyalu gave complaint that petitioner and one Sri.V.Mahalingaiah are demanding a sum of Rs.8,000/- and Rs.2,000/- respectively to do favour to the complainant. Thus, trap proceedings were laid by the Lokayukta Police and proceeded to initiate parallel proceedings. 3. When the enquiry was initiated petitioner was in the cadre of Recovery officer and at the time of imposing penalty he was incharge of the post of Assistant General Manager with the second respondent-Dr.B.R.Ambedkar Development Corporation. While the petitioner was in service he was involved in parallel proceedings arising out of a trap proceedings by the Lokayukta Police. Arising out of the aforesaid allegation, disciplinary proceedings were conducted by the office of the Upalokayukta. Upalokayukta recommended for imposition of penalty on 07.04.2016. Show cause notice was issued to the petitioner by the second respondent. On receipt of petitioner’s explanation, second respondent proceeded to impose the penalty of compulsory retirement. Extract of the penalty order is reproduced here under :- Other Language 4. The petitioner is governed by Rules called Dr.B.R.Ambedkar Development Corporation Limited (Classification, Control and Appeal Rules, 1991(for short, Rules, 1991). For the purpose of entrustment of enquiry to the office of the Upalokayukta there is no provision even to this day. On 30.06.2006, Minutes of the 166th Meeting of the Board of Directors, item No.6 - reads as under: “Item No.6- Amendment to CCA Rules, 1991 of the Corporation: The Managing Director explained the proposal with reference to the provisions of Rule 14A of KCSR Rules, 1957 with regard to the procedure in cases entrusted to the Lokayukta, for adoption in the CCA Rules of the Corporation. After due consideration, the Board approved to suitably amend the CCA Rules, 1991 of the Corporation and adopt the provisions of Rule 14A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.” 5. The aforesaid provision has not been brought into the Rules, 1991 even to this day. After due consideration, the Board approved to suitably amend the CCA Rules, 1991 of the Corporation and adopt the provisions of Rule 14A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.” 5. The aforesaid provision has not been brought into the Rules, 1991 even to this day. Thus, prima facie from the entrustment of disciplinary proceedings to the office of the Upalokayukta till imposition of penalty is without authority of law. That apart, when the petitioner is governed by Rules, 1991, second respondent has invoked Rule 8(vi) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957(for short, Rules, 1957), which has no application to the petitioner in view of the fact that petitioner is an employee of the second respondent and he is governed by Rules, 1991. Under Rules, 1991 imposition of penalty of compulsory retirement is sub-rule (viii) of Rule 7-Nature of Penalties (Compulsory retirement). Therefore, there is a total non-application of mind by the second respondent from the stage of entrustment of enquiry to the office of the Upalokayukta under Rule 14(A) of Rules 1957. Therefore, question of entrusting disciplinary enquiry to the office of Upalokayukta is without authority of law since petitioner is governed by Rules, 1991 and not Rules, 1957. In view of these facts and circumstances, ANNEXURE-J dated 22.10.2016 issued by the second respondent Dr.B.R.Ambedkar Development Corporation is set aside, writ petition stands allowed.