B. SHIVAIINGAIAH, S/O. BYREGOWDA Vs. KARNATAKA STATE WAREHOUSING CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, NO. 43, PRIMEROSE ROAD, BANGALORE - 560025 AND THE MANAGING DIRECTOR, KARNATAKA STATE WAREHOUSING CORPORATION, REPRESENTED BY THE

JUDGEMENT

(1.) PETITIONER assailing the action of the 2nd respondent to recover Rs. 5,000/ - per month from the salary of the petitioner and to direct the 2nd respondent to refund the same already recovered, along with interest, this wit petition has been filed.

(2.) INDISPUTEDLY , one B.S.Srinivasa Rao was the Warehouse Manager at Maddur in Mandya District, prior to 04.06.2001. Petitioner was posted on 04.06.2001 to work as Warehouse Manager at Maddur, m place of Sri B.S. Srinivasa Rao. 2nd respondent issued notice dated 29.06.2005 to the petitioner enclosing Articles of Charge, copy of which is at Annexure -A. The petitioner submitted his defence, as at Annexure -B, to the said Articles of Charge. Before the departmental enquiry could be completed, Rs. 5,000/ - per month was sought to be recovered from the salary of the petitioner towards the alleged loss, which had been subjected to departmental enquiry. However, by communication as at Annexure -C, the recovery ordered earlier was kept in abeyance and the amount deducted in the salary of April 2007 was ordered to be repaid. Questioning the action of the respondents in the matter of said recovery, this writ petition was filed on 05.06.20C9.

(3.) RESPONDENTS having entered appearance through counsel, filed statement of objections on 06.08.2009. It has been admitted that, the petitioner was a Warehouse Manager at Maddur for the period from 13.06.2001 to 31.12.2004. According to them, there was storage loss of Rs. 6,04,990/ - for the period June 2001 to October 2001 and hence the amount was sought to be recovered.