H K LAKSHMINARAYANAPPA Vs. UNIVERSITY OF AGRICULTURAL SCIENCES

JUDGEMENT

(1.) The writ petitioner is the appellant before us. This appeal is filed against order dated 24.06.2011 whereby the learned Single Judge has dismissed the appellant's writ petition No.6291/2006.

(2.) The appellant was an employee of the respondent- University and was working as a Senior Assistant in the Estate Office at the GKVK Campus, Bangalore. He was assigned with the work of cash transactions including the maintenance of cash book. During the month of July 2002, the respondent noticed that there was misappropriation of University funds and it was brought to the attention of the University by Note dated 5.7.2002. Based on the aforesaid Note, the appellant was kept under suspension on 23.7.2002. Thereafter, internal special audit committee came to be constituted to find out the actual amount of misappropriation of the University fund. The internal special audit committee verified the books of accounts for the period commencing from 1.6.1995 to 11.6.2002 and submitted a report.

(3.) The University-respondent proceeded with the enquiry by appointing a Inquiry Officer to conduct enquiry into the case of misappropriation of University funds to the tune of Rs.5,33,050/- alleged to have been committed by the appellant on 31.3.2003. The Inquiry Officer enquired into the case of the appellant, furnished its report stating that a sum of Rs.5,33,050/- is liable to be recovered from the appellant. The said report was placed before the Board and thereafter a show-cause notice was issued by furnishing copy of the enquiry report seeking explanation of the appellant. In the show-cause notice it was also indicated that why the appellant should not be dismissed from service and to recover the misappropriate funds of the University along with interest.