B.S. SHANUBHOGUE, S/O. NARAYANA SHANUBHOGUE, CHICKMAGALUR DISTRICT Vs. THE SECRETARY, PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, EMPLOYEES COMMON CADRE COMMITTEE, ALUR VENKATA RAO ROAD, CHAMARAJPET, BANGALORE - 560018 AND THE

JUDGEMENT

(1.) THE petitioner having joined service of the P.C.A. and R.D. Bank Limited, made a request for transfer, which having been considered, an order of transfer dated 19.06.2003 was passed by the 2nd respondent. In pursuance of the said order, the petitioner was relieved on 23.08.2003, to report at the P.C.A. and R.D. Bank Limited, Bhatkal. The petitioner having not reported to duty and having failed to submit the joining report till 14.09.2007, a charge sheet -cum -show cause notice was issued by the 2nd respondent. Noticing that cause has not been shown and a reply has not been submitted by the petitioner, to ascertain the truth or otherwise of the allegations made in the two charges contained in the show cause notice -cum -charge sheet dated 14.09.2007, an Enquiry Officer and Presenting Officer were appointed on 26.09.2007. The Enquiry Officer having submitted report dated 21.12.2007 holding the petitioner guilty of both the charges levelled against him, taking note of a reply dated 23.05.2008 submitted by the petitioner, second show cause notice dated 30.05.2008 was issued to the petitioner as to why he should not be dismissed from service. The petitioner submitted reply dated 31.05.2008, wherein, he admitted the non -submission of the joining report and the absence from duty without sanction of leave w.e.f. 01.09.2003. He requested to treat the period as leave without allowance and permit him to continue in service.

(2.) THE 2nd respondent having considered the record of disciplinary proceedings, finding the charges levelled against the petitioner as having been proved and there being misconduct of remaining unauthorized absent w.e.f. 01.09.2003, by an order dated 31.05.2008, the period between 01.09.2003 to 31.01.2008 was treated as leave without allowances and the petitioner was reduced from the post of Junior Field Officer with pay scale of Rs. 3,850 - 7,050/ - to the post of Junior Field Officer with pay -scale of Rs. 3,000 - 5,450/ - and the petitioners pay was fixed at the minimum of the said pay scale.

(3.) SRI . N.S. Sampangiramaiah, learned counsel appearing on behalf of the petitioner, contended that: 1. The Disciplinary Authority having treated the period of absence from duty w.e.f 01.09.2003 to 31.01.2008 as leave without allowance has erred in reducing the petitioner, both in rank and pay. 2. The explanation offered for absence for the period between 01.09.2003 to 22.01.2008 being for reasons beyond the control of the petitioner, there is no justification for imposing the punishment of reducing the petitioner in rank and fixing his pay at the minimum of the pay scale of Rs. 3,000 - 5,450/ -. 3. The appeal preferred under Regulation 61(i) has not been, considered by the Committee in accordance with law and the endorsement issued on 03.01.2009 is totally bald and is unsustainable.