K S SWAMY S/O K V SREEKANTAIAH Vs. STATE OF KARNATAKA; DIRECTOR, EMPLOYEES STATE INSURANCE SCHEME MEDICAL SERVICES

JUDGEMENT

(1.) This petition is filed against the order dated 7th February 2014 in Review Application No.32/2013 on the file of the Karnataka Administrative Tribunal, Bangalore (hereinafter referred to as 'the Tribunal'), in dismissing the Review Petition wherein the petitioner had challenged the order dated 29th April 2013 passed in Application No.5995/2012 on the file of the Tribunal.

(2.) As the facts unfurl, the petitioner herein, a Medical Officer/an Orthopedic Surgeon, joined the service as Insurance Medical Officer in the Department of Employees State Insurance Scheme, on 10.7.1991. Before his probation was declared, he was discharged from service on the ground of unauthorized absence from service from 27.4.1996 till 20.10.1997, vide order dated 21.10.1997. On his representation, his discharge was recalled and he was reinstated into service pending enquiry. Departmental enquiry was held on the charge of his unauthorized absence from 27.4.1996 till his discharge on 21.10.1997. The Disciplinary Authority imposed penalty of dismissal from service vide order dated 16.6.2005. The appeal preferred against the said order came to be dismissed. The petitioner took the matter before the Tribunal in Application No.2237/2007. He also filed another application in Application No.4781/2006 and sought direction to the Appointing Authority to declare his probation period satisfactorily completed on completion of two years of service and also for consequential benefits from the date of discharge till the date of reinstatement. Vide common order dated 18.10.2008, the applications came to be allowed partly as below:

(3.) The petitioner challenged the said order of the Tribunal before this Court in W.P.No.19220/2009 (SKAT). In the meanwhile, in pursuance of the order passed by the Tribunal, his unauthorized absence from 27.4.1996 to 20.10.1997 was treated as leave without wages under Rule 106A of the K.C.S.Rs. His W.P.No.19220/2009 came to be dismissed. He filed another application in No.5995/2012 before the Tribunal seeking for assignment of duties, as though he is not removed from service. Said application came to be dismissed. The petitioner filed a Review Petition in Review Application No.32/2013 challenging the dismissal order passed in Application No.5995/2012, which also came to be dismissed with costs.