Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1]

Karnataka High Court

Karnataka Food And Civil Supplies ... vs M Krishna Murthy on 24 February, 2012

Author: K.Sreedhar Rao

Bench: K.Sreedhar Rao

     I                                  I.        4



                  W                                            *

                           IS
                  I
                                                               'p
                                                      I'
                           1
                                       is')
                '.4
        4   1
                           1                         '4,
                                                           I
                  $
                      1    (Ii
                                                               f

4
                      1.
                                   1
                                                      S
                                            4?
                                                           $
                  )
                                                           4
                           w                4
                               I
                                                      p
                      4
                                            ,
                                            •        Si
                      6    1
                                            s34A'
  z
3
t
3
£
                                        4
4
4
z
2


0
     evident that the appellant without holcliiig an enquiry
0
     has imposed major punishment ot cornpulsozy retirement
3
     which is palpably bad in law.               For the period from

     3.6.2003 to 23.9.2004 the respondent did riot attend to

duty and there was no leave credit. However, the respondent was entitled to leave without pay on medical 3 grounds. The respondent came to be imposed S punishment of compulsory retirement w.e.f.8. 10.2004. E The imposition of punishment without enquiry is 3 palpably bad in law. Respondent has attained ) Superannuation and irureci from the services on 3 1.08.2010. Admittedly, the respondent was on leave even beyond the period recommended 1w the medical board.

3. in that view of the matter, equity requires that some amount of reasonable penalty to be imposed. In lint v jew. order of the lean icd Single . ii iclge is niocliflcd. The respondent shall be paid 75% of the backwages and IL 'S...