M.J.MALLIKARJUNASWAMY Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) In the instant petition, petitioner has sought for the following reliefs:-

(2.) Petitioner was appointed as a data entry operator with the Grama Panchayath, Kanchipura, Hosadurga taluk, Chitradurga district and he had reported to duty on 03.08.2007. The official respondent had noticed certain irregularities stated to have committed by the petitioner. Based on various communication cited in Official Memorandum dated 23.07.2014, second respondent-Zilla Panchayath, Chitradurga passed a general order of termination of the bill collector. No doubt, petitioner's name is not reflected in Annexure-C. However, pursuant to official memorandum dated 23.07.2014 (Annexure-C), petitioner's right would be affected. Petitioner had the benefit of interim stay and continued to discharge the duties of the post of data entry operator with the Grama Panchayath, Kanchipura, Chitradurga.

(3.) Prima facie it is evident from Annexure-C, petitioner has not been heard before terminating services of data entry operator. If there are serious allegations, it is bounden duty of the employer to initiate disciplinary proceedings/domestic enquiry as held by the Constitutional Bench of the Apex Court in Delhi Transport Corporation vs D.T.C. Mazdoor Congress And Others . Reported in (1991) SCC (L&S) 1213 at paragraph 264,335,& 337 have held as under;