CORPORATION OF THE CITY OF BANGALORE, BY ITS COMMISSIONER, N.R. SQUARE, BANGALORE AND THE COMMISSIONER, CORPORATION OF CITY OF BANGALORE, NR SQUARE, BANGALORE Vs. N. MUNIVENKATAPPA S/O LATE NANDIYELLAPPA

JUDGEMENT

(1.) APPELLANTS are questioning the legality and correctness of the order passed on 12.1.2007 in WP No. 10847/2005. Heard the counsel for the appellants, counsel for R -1 and the Govt. Advocate for R -2.

(2.) THE facts leading to this appeal are as hereunder: R -1 was the writ petitioner. He was working as an Executive Engineer in the appellant -corporation. He retired from the service after attaining the age of super -annuation on 30.6.2011. While he was in service, on the allegation that while executing repairs certain funds were mis -used by him along with other employees of the appellant. Therefore, disciplinary proceedings were initiated against R -1 and 5 others. Enquiry Officer held that the charges levelled against R -1 were proved. The Commissioner after hearing R -1 held that a sum of Rs. 1 lac to be recovered from his pensionary benefits. Since by then he had retired from the service. Challenging the order of the Commissioner. R -1 filed the writ petition. Learned single Judge after hearing the parties came to the conclusion that the Corporation has no power to recover the amount from the pension payable to the respondent and as per KCS Rules it is only the Government which has got powers to do it, dismissed the petition. However liberty was granted to recover it by filing a civil suit. This order is called in question in this appeal.