KARNATAKA NEERAVARI NIGAM LTD. Vs. B.GANGIREDDY

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiff under Sec. 100 of CPC challenging the judgment and decree passed by the Presiding Officer, Fast Track Court, Gadag in R.A.No.54/2012 and the judgment and decree in O.S.No.63/2004 on the file of the Senior Civil Judge, Ron.

(2.) For the sake of convenience, parties herein are referred with original ranks occupied by them before the Trial Court.

(3.) The brief facts leading to the case are that the plaintiff is fully owned company of the Government of Karnataka. The defendant was working as an Executive Engineer in MRBCC, Division-5, Ron from 1/6/1987 to 31/5/1991. He was in-charge of getting executed Canal construction work under his division. In this regard, he was required to adhere to the procedure to be followed as stipulated by PWD Code Rules and Regulations for procuring materials like cement, steel, explosives etc. It is alleged that the defendant without following prescribed procedure, rules as well as regulations and even without following Store Purchase Department Rules and without obtaining necessary permission from Competent Authority, illegally released the amount of Rs.2,40,000.00 on 31/10/1990 in favour of M/s. South India Cements Limited and thereby placed an order for supply of 200 metric tonnes of cement and he further spent Rs.600.00 for obtaining a Demand Draft, which was delivered to the said Company. It is further asserted that the defendant could not have released the amount without procuring materials and without procuring the materials, he released the amount and the concerned Company did not deliver any cement and there is complete breach of rules while releasing the amount. Further an enquiry was also conducted against the defendant and he was found guilty. Therefore, the plaintiff has filed a suit for recovery of the said amount.