Karnataka High Court
Shivakumar vs The Board Of Management -Cum-Appellate ... on 9 January, 2014
Author: Mohan M Shantanagoudar
Bench: Mohan .M. Shantanagoudar
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 9TH DAY OF JANUARY 2014
BEFORE
THE HON'BLE MR. JUSTICE MOHAN .M. SHANTANAGOUDAR
WRIT PETITION NO.2965/2006 (S-RES)
BETWEEN:
Shivakumar S/o Bhagawath Prasad Shukla,
Age: 54 years, Occ: Ex-Senior Assistant
K.F.C.S. Corporation, Gangavathi,
Dist: Raichur, Now at Present
K.H.B. Colony, Bidar,
Dist: Bidar.
... Petitioner
(By Sri K.M. Ghate, Advocate )
AND :
1. The Board of Management-cum-Appellate
Authority, Represented by
Managing Director/Chairman,
Karnataka Food & Civil Supplies
Corporation Ltd., No.147,
Kambli Bhavan, Infantry Road,
Bangalore-01.
2
2. The Managing Director,
Karnataka Food & Civil Supplies
Corporation Ltd.,
No.147, Kambli Bhavan,
Infantry Road, Bangalore-1.
3. The Enquiry Officer,
(B.Gururaj Rao Adv.)
No.173, 1st Main Road,
Kempegowda Nagar,
Bangalore-19.
.. Respondents
(By Sri Ravi B. Patil, Advocate)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order dtd.
14.12.2004 passed by R1, order dtd. 6.9.2003 passed by
R2 and enquiry report dtd. 5.06.2003 passed by R3 vide
Annexure-G, E, D respectively and etc.,
This Writ Petition coming on for Preliminary hearing in
'B' Group this day, the Court made the following:
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ORDER
The order of the Disciplinary Authority dated 6/17th September 2003 and the order of the Appellate Authority dated 14.12.2004 are called in question in this writ petition.
2. The records reveal that the departmental enquiry was held against the petitioner who was Senior Assistant working in Karnataka Food and Civil Supplies Corporation Limited ('KFCSCL for short). The charges levelled against the petitioner relate to:
(i) misuse of 6.64 quintals of Palmolein oil meant for public distribution while he was working as Depot Manager at Wholesale Point, Gangavathi, by showing shortage of stock.4
(ii) Sale of damaged stocks due to rain as per letter dated 10.10.1996 without obtaining prior permission from the Deputy Commissioner.
(iii) Delay in remitting the sale proceeds and thereby causing loss to the tune of Rs.436/- to the Corporation by way of interest, non remittance of the sale proceeds to the tune of Rs.988/- in July 1996, Rs.1441.44 in August 1996 and Rs.1708.46 in September 1996 and thereby misusing the same for his personal gains.
Reply was filed by the petitioner and thereafter enquiry came to be held. The Disciplinary Authority provided opportunity to the delinquent official as well as the Management to lead evidence. Management examined one Mr. N.K. Patil, Depot Manager as MW-1. Mr. B. Prahalad Rao, Office Manager, KFCSCL, Yadgir has been examined as MW-2. Sri D. Srinivas, District Manager, 5 KFCSCL is examined as MW-3. The petitioner has got examined himself. Considering the entire material on record, the Disciplinary Authority has concluded that all the charges are proved against the petitioner and passed the order of termination against the petitioner. The Appellate Authority on re-appreciating the material on record, reduced punishment of termination to compulsory retirement. Both the orders are under question in this writ petition.
3. The defence of the petitioner is that on account of heavy rains at Gangavathi, water flooded in the godown and the stock of food grains, sugar and Palmolein oil were damaged.
During that period, there was stock of 7.67 quintals of Palmolein oil and the said stock was allegedly damaged. The said fact was intimated to the Insurance Company. 6 The officials of the Insurance Company visited the Wholesale point and examined the fact situation. The officials of the Insurance Company declared that only 1.30 quintals of Palmolein oil has been damaged due to rain. They did not say anything about 6.37 quintals of Palmolein oil.
4. The records reveal that there was shortage of 6.37 quintals of Palmolein oil. According to the petitioner, the said 6.37 quintals of Palmolein oil was also damaged due to rains and since it was not fit for distribution, it was not mentioned in the charge certificate at the time of handing over the stocks to MW-1. Such explanation is rightly disbelieved by the Disciplinary Authority. The fact remains that the petitioner sold 6.37 quintals of Palmolein oil without prior permission of the department. The evidence produced by the petitioner is totally insufficient to exonerate him of the first charge. Charge Nos.2 and 3 are 7 admitted by the petitioner himself. The Enquiry Officer as well as the Disciplinary Authority based on the fact situation passed the order. The Appellate Authority on reconsidering the material on record has confirmed all the findings of the Disciplinary Authority. However, the Appellate Authority reduced the sentence to compulsory retirement. This Court is satisfied about the manner in which the enquiry is conducted and the proceedings are held. Since the orders of the authorities below are based on fact situation, no interference is called for.
Petition fails and the same stands dismissed.
Sd/-
JUDGE Gss/-