SIDRAMAPPA Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Petitioner, a Village Accountant has filed this petition aggrieved by his dismissal following a departmental enquiry on the specific charge that he was not residing at the Headquarters where he was expected to reside.

(2.) He was formally charge-sheeted. He filed the written statement to the charges and thereafter an Enquiry Officer, namely, the 3rd respondent Asst. Commissioner, Sedam, Gulbarga Dist. was appointed. The 3rd respondent concluded the enquiry and submitted his report to the Deputy Commissioner - 2nd respondent herein. The Deputy Commissioner found defect in the report in as much as the procedure prescribed under Rule 11 of the Karnataka Civil Services (Classification Control & Appeal) Rules, 1957, (hereinafter referred to as 'CCA Rules' for short) had not been followed. He, therefore directed a fresh enquiry. Notice of fresh enquiry was issued by the 3rd respondent Asst. Commissioner to the petitioner and was sought to be served through the Tahasildar having jurisdiction over the village in which the petitioner was expected to reside as a Village Accountant. That notice was returned with the endorsement that he did not reside in the house. Thereafter the Asst. Commissioner proceeded to hold the enquiry ex-parte resulting finally in the dismissal order. Appeal filed by the petitioner against the order of the disciplinary authority, the Deputy Commissioner-2nd respondent to the Divisional Commissioner also came to be dismissed. Therefore, he has approached this Court under Articles 226 and 227 of the Constitution, urging several grounds for relief.

(3.) I do not think it necessary to go into the merits of the case as the matter can be disposed of on the short question whether the second enquiry proceeded in accordance with the CCA Rules. There is no dispute in the statement of objections filed or additional statement filed that there was no service of notice actual or constructive on the petitioner in the second enquiry in accordance with Rules. While Rule 11-A of the C.C.A., Rules does not itself provide the mode of service. Rule 28- A of the CCA Rules provides the manner in which a delinquent officer facing an enquiry is to be served. Rule 28-A of the CCA Rules reads as follows:-