A SADASHIVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is an Assistant Registrar in the Department of Co-operation in the State Government has prayed for the issue of a writ of mandamus directing the respondent to consider his case for promotion to the post of Deputy Registrar of Co-operative Societies with effect from the date when his junior was promoted.

(2.) All relevant facts of the case are not in dispute. They are as follows: The petitioner was working as an Assistant Registrar of Co-operartive Societies. On 22-3-76 a departmental enquiry was instituted against him on the following charges: 1. The Chief Accounts Officer of the K.S.C.M.F. Ltd., Bangalore took up the inspection and stock verification of the Central Depot, Bangalore, in pursuance of Circular No. 6230-68 dated 11-2-73. During the course of such verification serious irregularities such as non-maintenance of cash book, preferring cash bills and collecting cheques from private parties and T.A.P.C.M.S., non remittance of cheques to Head Office, but shown as remitted to H.O. of K.S.C.M.F. Ltd.,, Bangalore in the fortnightly statement of accounts submitted by the officer incharge of Central Depot Bangalore and non-verification of fortnightly statement of H.O. etc. It is also noticed that cheques worth Rs. 12,15,152-50 were not received at H. O. of K.S.C.M.F. Ltd., Bangalore for the period from 17-3-72 to 31.12.73. Out of the said amount an amount of Rs. 8,64,208-44 was outstanding in the name of M/s Manjunatha Chemicals and Fertilisers (P) Ltd., Bangalore. He being the Secretary, Accounts Section in K.S.C.M.F. Ltd., Bangalore H.O. has failed to arrange for the scrutiny of the fortnightly statements submitted by the officer in-charge of Central Depot, Bangalore from time to time. He has failed to discharge his duties and held responsible for negligence of duties. 2. He has misled the K.S.C.M.F. Ltd., Bangalore, by adjusting the differences between the sales and remittance as sundry debtor, there-by manipulating the accounts and consequently correctness of the balance sheet.

(3.) He has failed to investigate the reasons for short remittance by the Officer incharge Central Depot of K.S.C.M.F., Ltd., at Bangalore." Departmental enquiry was held against the petitioner by the Registrar of Co-operative Societies. Sometime earlier to January 1979, enquiry report was submitted by the Registrar , of Co-operative Societies to the State Government finding the petitioner guilty of the charges and also recommending the imposition of penalty of reduction in rank to the cadre of District Auditors. On 11-1-1979 the Departmental Promotion Committee constituted for the purpose of considering the cases of Assistant Registrars for promotion to the cadre of Deputy Registrars considered the case of the petitioner and 23 other officers. The petitioner was at Sl. No. 4 among them. He and 21 other officers out of whom 18 persons were juniors were considered fit for promotion to the cadre of Deputy Registrars. In the concluding portion of the recommendation the committee stated as follows: