RAMESH H. Vs. SPECIAL BOARD AND APPELLATE AUTHORITY

JUDGEMENT

(1.) In this writ petition, petitioner is assailing order dtd. 3/11/2015 (Annexure-A) passed by the Special Board and Appellate Authority and order dtd. 15/11/2014 (Annexure-B) passed by the Disciplinary Authority, inter alia sought for writ of mandamus to the second respondent to reinstate the petitioner into service.

(2.) The relevant facts for adjudication are, that the petitioner was appointed as 'Typist' in the Karnataka Legislative Assembly Secretariat, in the year 1989. Thereafter, petitioner was promoted to the post of 'Stenographer' and 'Senior Assistant', consequently held the post of 'Senior Assistant' till the petitioner was compulsorily retired from service by the respondents. It is further averred in the writ petition that, the respondent has issued show-cause notice dtd. 24/5/2012 seeking explanation with regard to the incident took place on 14/5/2012. It is the case of the petitioner that, the petitioner has tendered leave letter to the Deputy Secretary and the petitioner has not attended the Office on 14/5/2012 and accordingly, denied the allegation made by the respondents. It is further stated that leave letter was submitted on 11/4/2012 (as per Annexure-C3, inadvertently stated as 11/4/2012 instead of 11/5/2012 as argued by the petitioner) on the ground of ill-health. It is further contended by the petitioner that the respondent has notified the absence in their letter dtd. 7/8/2012 (Annexure-C4 and C5). It is further averred in the writ petition that the respondent - authority, without considering the reply filed by the petitioner, issued Articles of Charges under Sec. 11 of the Karnataka Public Service (Classification, Control and Appeal) Rules, 1957 read with Sec. 9 of the Karnataka Legislative Assembly Secretariat (Appointment and Service Conditions) Rules (Annexure- D1). The respondent has conducted enquiry and the Enquiry Officer filed report as per Annexure-G2 dtd. 28/11/2013. The Enquiry Officer concluded that the charge made against the petitioner is proved. Thereafter, the petitioner filed reply to the second show- cause notice as per Annexure-G3 and the Disciplinary Authority by its order dtd. 15/11/2014 (Annexure-D) accepted the enquiry report and the petitioner was ordered to be compulsorily retired from service. Being aggrieved by the same, petitioner filed appeal before the Appellate Authority and the Appellate Authority by Order dtd. 3/11/2015 (Annexure-A) confirmed the order passed by the Disciplinary Authority. Feeling aggrieved by the same, the petitioner has presented this writ petition.

(3.) I have heard Smt. Tejaswini Rajkumar, learned counsel for the petitioner and Sri. M.S. Nagaraja, learned Additional Government Advocate for the respondents.