BANGALORE METROPOLITAN Vs. A.S. MALLIKARJUNA

JUDGEMENT

(1.) This intra Court appeal has been filed against an order dtd. 19/4/2021 passed by the learned Single Judge in W.P.No.32310/2016 by which the writ petition preferred by the respondent has been allowed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the respondent was posted as an Accounts Officer in the establishment of the Bangalore Metropolitan Transport Corporation (hereinafter referred to as 'the Corporation'). The respondent was placed under suspension on 14/1/2016. Thereafter, charge sheet dtd. 25/1/2016 was served on him on the allegation that he failed to follow certain circulars / official memorandum in respect of purchase of spare parts resulting in a loss of Rs.6,16,079.00 to the Corporation. The respondent furnished a reply to the aforesaid articles of charges on 26/2/2016. However, by an order dtd. 27/2/2016, the Corporation imposed penalty of recovery of Rs.59,447.00 on the respondent. The Corporation dispensed with the enquiry on the ground that the respondent was due for retirement on 29/2/2016. The respondent challenged the aforesaid order in a writ petition. The learned Single Judge, by an order dtd. 19/4/2021, has allowed the writ petition and has quashed the order imposing penalty on the respondent.

(3.) Learned counsel for the appellant submitted that the order imposing punishment was not preceded by any enquiry and therefore, the order of imposition of penalty suffers from procedural infirmity.