ABDUL RASHEED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner is assailing charge- sheet dtd. 10/11/2021 (Annexure-A) issued by the respondent No.2-Corporation and consequently notices issued by the respondent No.3 in Case Nos.2/2022, 5/2022, 6/2022, 8/2022, 9/2022, 10/2022, 11/2022 and 12/2022 produced at Annexure-F series; inter-alia sought for direction to the respondent No.2-Corporation to pay all the arrears and benefits arising out of his retirement.

(2.) Relevant facts for adjudication of this writ petition are that the petitioner was appointed in the respondent No.2- Corporation as per Memo dtd. 19/2/1980 (Annexure-B). It is stated in the writ petition that the respondent No.2-Corporation has issued charge-sheet against the petitioner and other employees on 7/2/2017 alleging misappropriation of funds and the respondent No.1- Government has appointed the Enquiry Commission to enquire into the allegations of audit report. The said aspect was challenged before this Court in Writ Petition No.38723 of 2018 and connected petitions (Annexure-D) and this Court, by order dtd. 19/8/2021 disposed of the matter with a direction to the respondents to complete the process relating to the departmental enquiry at the earliest so also, endorsements dtd. 6/8/2018 issued by the respondent-Corporation, rejecting the representations of petitioners for legal assistance and Government order dtd. 13/10/2017, appointing the Enquiry Commission to enquire into the allegations of charge-sheet issued by the disciplinary authority were quashed. Thereafter, the respondent No.2-Corporatoion has issued one more notice along with imputation of charges as per Articles of charges dtd. 10/11/2021. Feeling aggrieved by the same, the petitioner has filed this writ petition.

(3.) Heard Sri. Y.R. Sadasiva Reddy, learned Senior Counsel on behalf of Sri. Rahul P., appearing for the petitioner; Sri. N. Kumar, learned Additional Government Advocate appearing for respondent No.1; and Sri. Brijesh Patil, learned counsel appearing for respondents 2 and 3.