K.R. RAMACHANDRA NAIK S/O. SRI RAMJI NAIK Vs. THE KARNATAKA SCHEDULED CASTE AND SCHEDULED TRIBES DEVELOPMENT CORPORATION LIMITED 9TH AND 10TH FLOORS VISHVESHWARAYA MAIN TOWER VIDHANA VEEDHI BANGALORE - 560001 REPRESENTED BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) PETITIONER , an employee of the respondent Corporation was placed under suspension on 24.08.1987. A charge sheet dated 02.09.1987 was issued and disciplinary proceedings were initiated. He was dismissed from service on 10.11.1987. An appeal preferred thereafter having not been disposed off, W.P. 16469/1987 was filed, which was disposed off by an order dated 05.08.1996, directing the Appellate Authority to decide the appeal preferred by the petitioner. Appellate Authority passed an order dated 17.06.1997 and dismissed the appeal. The said orders were questioned in W.P.29104/2000. By an order dated 01.02.2006, the writ petition was allowed and the impugned orders were quashed, reserving liberty to the respondent -Corporation to hold fresh enquiry in respect of the charges levelied against the petitioner in the charge sheet dated 02.09.1987. An Enquiry Officer was appointed on 24.02.2007, who after conducting the enquiry, submitted report dated 14.08.2007. Copy of the same was furnished to the petitioner along with a show cause notice dated 03.10.2007, to which the petitioner submitted reply dated 16.10.2007. However, the petitioner was dismissed from service on 20.07.2008, which was questioned by filing an appeal on 11.10.2008.

(2.) W .P.34565/2009 was filed to quash the order of dismissal dated 30.07.2008 and to declare the entire proceedings culminating the said order as void and inoperative. Said writ petition was disposed off on 11.12.2009 in view of the submissions made that the petitioner's appeal would be placed before the Board and after a decision is taken, the same would be communicated to the petitioner.

(3.) SRI M.R. Shailendra, learned Advocate appearing for the petitioner mainly contended that, the order passed by the Appellate Authority, as at Annexure -R2, is arbitrary and illegal. There is neither application of mind nor consideration of the matter in accordance with law and the consequential endorsement issued to the petitioner, as at Annexure -G, is liable to be quashed.