VEERABHADRANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) APPELLANT was working as a Divisional Controller in the Karnataka state Road Transport Corporation (for short, the Corporation ). Appellant was charged with certain acts of ommission and " commission. The Managing Director being the disciplinary authority issued Articles of charge Annexure-A dated 15/17. 1. 1990 containing the following charges: "i, For failure to maintain devotion to duty and absolute integrity in abusing your official position in influencing Sri S. A. Thimmapure, dme-l and Sri Venkatesh, DME-II to show a favour by awarding -passing marks to 168 candidates mentioned by you in the Trade test of Drivers which was held from 3-11-89 to 11-11-89. (The statement showing the Reg. No. of 168 candidates is enclosed ). You have betrayed thereby the confidence reposed in you by the corporation and exhibited unfaithfulness and partiality in the discharge of your official duties. II. For reprehensible conduct by demanding an illegal gratification of Rs. 5000/- from him to issue an appointment order to one Sri G. S. Police Gowdar whose appointment had been made approved on compassionate grounds by the Central Office in april,1989. Thereby you have committed an act of gross misconduct which act of yours is unbecoming a servant of the corporation. III. For abusing your official position by deputing Sri jalawadl Junior Asst. To Bellary on 29-11-89 to prevail upon Sri venkatesh, DME-ll to award more marks to 18 candidates specified by you in the trade test. Thereby you have committed an act of misconduct by violating sub-Reg. (1) of Regulation 3 of ksrtc servants (Candd) Regulations, 1971 "

(2.) THE said Articles of charges were accompanied by statement of imputations as also the list of documents and list of witnessess by which the charges were proposed to be established. Appellant filed his reply on 31. 5. 1990. Objections raised by the appellant were not found to be satisfactory and inquiry was directed into the charges levelled against the appellant. Sri B. Rajiv Hegde, retired District' judge, was appointed as the Inquiry Authority by order dated 16. 7. 1990. Parties led their evidence. Written arguments were also submitted.

(3.) THE Inquiry Authority, after a detailed consideration of the evidence, both oral and documentary, submitted the report dated 6. 4. 1992 holding that Management had proved all the three charges beyond reasonable doubt against the appellant. Disciplinary Authority furnished the copy of the inquiry report to the appellant under cover of him letter dated 10. 4. 1992 and sought his explanation. Appellant filed the reply on 28. 4. 1992 refuting that the charges levelled against him stood proved.