Karnataka High Court
Mohammad Usman Mundas S/O Ansar Sab vs The Karnataka Pwoer Transmission Corpn ... on 12 August, 2011
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 'DAY OF AUGUST. 2010.0. + BICFORE THE HON'BLE MR.JUSTICE MOHAN SHA NTAN, AGOUD AR ; - et gee os eee WRIT PETITION No.48399 2003 ( ce Bin S Le Between: SRI MOHAMMAD USMAN MUNDAS S/O SPI]. ANSAR.SAB 65 YRS,PREVIOUSLY WORKING AS STE mS KEEPER GRADE-II(NOW RETD FROM SERVICE KARNATAKA POWER TRANSMISSION CORPGRATION LIMITED, TELECOM, DIV ELECTRIC GRID, KARWAR RD VIDYUTH NAGAR, MUBLI AND R/SAT. Si SALIAT 7 COLONY, | CROSS, VISHAL pare AR. _ DEVARAGUDIH, AVAL RE, OL 2D E UBL JHUBLI PETYTIONERS (BY SRLRAVE HEGRE, ADV) And: Il. THE KARNATAKA PWOER TRANSMISSION CORPN LTD 'REP BY THE ws ANAGING DIRECTOR . "CAUVERY BHAVAN 7 BANGALORE "09 2). "HUBLI ELECTRICITY SUPPLY CO LTD - REP BY THE MANAGING DIRECT rR HUBLI DHARWAD DIST 3. THE CHIEF ENGINEER (ELECTRICAL) ~ & APPELLATE AUTHORITY HUBLI ELECTRICITY SUPPLY CO LTD HUBLI DHARWAD DIST 4, THE SOPERE nay NDING ENGINEER (ELE CERICAL) HUBLI ELECTRICITY SU SPLY COLLIMITEEL O& M CIRCLE HUBLI, DHARWAD DIST cee THE KARNATAKA PWOER TRANSMISSION CORPN LET. REP BY HE MANAGING DIRECTR me CAUVERY BHAVAN BANGALORE --09 rn URE SPONDE NTS. - IBY SRL SHIVARAJ, P. MUDHOL, ADV.) THIS PETITION IS FILED UNDER ARTICLES | 226.8 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH VIDE ANX. E DT, 20.2.1999 PASSED BY THE CHIEF ENGINEER, FLECTRICITY. HUBLI, TO THE EXTENT. THE APPELLATE AUTHORITY HAS ORDERED RECOVERY OF RS.3.72,188-50°PROM THE D.CRG., AND OTHER RETIREMENT BENEFITS GF THES PETITIONER. AS THE SAID ORDER .TO, THE' EXTENT THE PETYTIONER IS AGGRIEVED, 1S ARBITRARY, CAPRICIOUS, IRRATIONAL, UNJUST AND SUFFERS PROM ERRORS WACIH 1-ARE APPARENT ON THE FACE OF THE RECORDS AND ET THIS S PET! TION COMING ON POR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
Lon, Grio Shivaraj P. Mudhol, takes notice on behalf of respondent Nos.-1, 2 and 4 also.
. 2. "Heard: "
of 21-2.1963 in the erstwhile Karnataka Elec tricity Board (Now
-cailed the Karnataka Power Transmission Corporation Limited) te (herein after referred to as 'Corporation' for short), He was promoted as Store Keepter Grade-] on 10.8.1981. He attained the age of superannuation on 31.3.1995. White. in' service, @ charge sheet came to be issued against "the petitioner: on, , 20.3.1993. Two charges are leveled agains\. the' etitic tioner. First charge is that the materials amountin ne to. I S. 09, 953. 85 were found excess during the store countiig of of the stores for the year 1989-90 and he Aas, col cosnnitied several irregularities and gross "negligence in bis duties during thé said period. In the second charge: at ial alleged that the vraterials amounting to Rs4 49; 929.¢ 62. paise were: 'found shortage for the year 1989-
90. Tt was alleged that petitione er - has misappropriated these materials and caused heavy financial loss. to the corporation. The petitioner den vied the 'charges levelled against Aim. The "enquiry officer held that: the petitioner guilty of. 'the charges. . "Untimately by the order dated 24. 10 0.1996, the Disciplinalry a Authority impysed the following penalty: against the petitioner. us ainie to the shortage ofs store materials to. 0 the dine | oft Rs. 4, 1,49 929. 64 sine ce retired, The DERG. payable | tO Sri: M. A. 'Mundas, "be _ olin 44 ii
2. Alter adjustment, i still there remains balance amount, the same be recovered from his persion or family pension amount, from the commuted. perision. value with insisting to commute himself. *- Copy of the order of the Disciplinary.Authority is produced at Annexure-C to the writ petition,
4. The petitioner filed an appeal before the Chief Engineer, Electricity, Hubli Zone and the: Appeliate. Authority. The art and modified the Appellate Authority allowed the appeal in p:
penalty as under: : = | a - urther set aff is alowed to an extent of Rs.7 1.394,50 against the excess items, . 2 T he vahie of net shortage to an extent of Rs.3,72, 188.50 shall be recovered from the DCRG _ payable to Sri M.A.Mundas, Store Keeper Grade-Il Be After adjustment, if still there remains balance amount, the same shall be recovered from pension or family pension account, from the ome bet borat oh ¥ auger commuted pension value by way of compulsory commutation.
Copy of the order is produced af Annexure: to the writ petition.
3. Since the petitioner had retired by.theri, the value of.net shortage to an extent of Rs.3,72,188.50. were ordered ta be.
recovered from DCRG payable tothe petitioner: Cuestioning the orders of the Disviplinary "Authority and Appellate Authority, this writ petition is filed.
6. Sri. Ravi Hegde, learned counsel for the petitioner submits that.thowgh the Appellate Authority is justified in allowing the set of. to an extent of Rs.71,394.50 against the excess items, is not justified in not allowing setoff against all the excess items found in the store room.
7s ~The order.of the Appellate Authority at Annexure-E clarifies what are the shortage items and what are the excess items... The total value of the shortage items is 4,44,503.00, . whereas, the total value of the excess items is 2.71,064.50. The Appellate Authority has allowed the setoff in respect of excess item No.3, 4 and 5S amourtin ig fo Rs.71,394.50, on the ground that the setoff of the identical materials azal mst the excess items could only be allowed as per "rules: 'and regulations. Since excess item Nos. 3, 4 and 5 are idenitical to that of the iterns found in the shortage ifst : the sete ey ig ell owed in respect of those three items. only. «, [tem Nos. and 2 of excess items are not identical tothe items found in shortage category. Moreover, iten Nos. L and. D-of excess items are faulty meters, which cannot be sole al 'all &. In view of eins ehe aici Ramo IS justified in allowing setoff in fespect of excess item Nos. 3, 4 and 5 only amount! ng io Rs. 1394 50. "Hence, the same cannot be found valued. wis h no other polis argued, petition fails. Hence, the writ petition is dismissed.