C SADASHIVAN Vs. KARNATAKA ANTIBIOTICS & PHARMACEUTICALS LIMITED

JUDGEMENT

(1.) THE petitioner challenged order Annexure -P bearing No.0492 dated 15.12.2005 passed by the Chief General Manager (HRD), Karnataka Antibiotics & Pharmaceuticals Limited. He has also challenged order Annexure -R bearing No.0492 dated 27.01.06 passed by the Managing Director and sought for quashing the same.

(2.) IT is the case of the petitioner that he was issued charge sheet dated 29.1.04 and on the basis of the enquiry report dated 13.6.04, the appointing authority has issued impugned order of removal dated 15.12.05. He has challenged both the charge sheet and the enquiry proceedings as well as punishment order.

(3.) THE facts leading to the case as per the submissions of the petitioner is that while he was working as Sr. Manager in the Engineering and Project Department of the respondent establishment, the charge sheet was issued on 29.1.04 as per Annexure A. There were three charges leveled against the petitioner of which, charge No.1 is that he had committed a dishonest act in order to award contract to M/s. Amulya Enterprises. The charge No.2 is that the petitioner had recommended to the department that the work carried out by one Sri C. Venkatesh, Civil Contractor was found to be alright and he has recommended to pass bill even though the work was not carried out. It is also alleged that the petitioner approved ESI coverage certification even though in the letter dated 4.2.2003, on the subject of ESI Certification, the contractor had declared that Rs.5400/ - was towards material costs and Rs.2840/ - was towards labour charges.