N.R.NARASIMHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, a retired First Division Assistant of the City Civil and Sessions Court is before this Court primarily questioning the Appellate order dtd. 7/12/2016 in Appeal No.HV/E & A 9/2013 (Annexure-V) of the second respondent imposing modified punishment of imposing withholding of five annual increments in the cadre of Shirestedar and also order of re-fixation and consequential recovery under Annexure-W bearing No.ADM I (C) 50/2017, Bengaluru dtd. 18/1/2017.

(2.) Brief facts of the case are that, petitioner while working as Sheristedar in City Civil and Sessions Court, a departmental enquiry in D.E.No.20/2010 was initiated by issuing charge memo. The opetitioner submitted his written defence and the Disciplinary Authority not being satisfied with the reply, appointed Enquiry Officer. The Enquiry Officer conducted a detailed enquiry and submitted his report on 25/2/2011 holding that the charges leveled against the petitioner/DGO are proved. The petitioner was issued with second show cause notice along with enquiry report and the petitioner is said to have submitted his reply under Annexure-H. Under order dtd. 9/1/2013, the Disciplinary Authority - third respondent imposed punishment of reversion of the petitioner from the cadre of Sheristedar to the cadre of FDA.

(3.) Aggrieved by the said order of punishment, the petitioner filed appeal before the second respondent and the second respondent on consideration of the appeal, passed impugned order as at Annexure-V dtd. 7/12/2016 modifying punishment imposing cutoff/withholding five annual increments in place of reversion. Consequently order dtd. 18/1/2017 is passed re-fixing the pay of the petitioner and in pursuance to that order, a sum of Rs.1,75,552.00 is recovered from the petitioner.