MADESH Vs. DIRECTOR ADMINISTRATION

JUDGEMENT

(1.) The petitioner filed this writ petition seeking following reliefs:

(2.) The petitioner was an in-charge Assistant Accounts Officer at Davanagere District from 5/2/2011 to 13/10/2014. He was working at Bangalore Electricity Supply Company Limited ("BESCOM") Division Office, Davanagere. The Davanagare Municipality had paid a sum of 6,08,33,354/- towards the consumption of electricity towards the street lights and water consumption, etc., from 27/5/2013 to 7/6/2015. The cashier by Name K.G.Upadhyaya, working at BESCOM, Davanagere had adjusted the said amount towards different RR numbers belonging to the Davanagere Municipality. However, it was alleged that from out of the said amount, an amount of 5,61,83,839/- was adjusted correctly and an amount of 46,73,018/- was adjusted to the long disconnected R.R. numbers, and accordingly, a notice was issued to the petitioner.

(3.) The Department issued an article of charges dtd. 21/5/2018 to the petitioner and one K.G.Upadhyaya. The inquiry was conducted and the inquiry officer submitted a report dtd. 30/5/2020 stating, the charges levelled against the petitioner and K.G.Upadhyaya were proved. After receipt of the enquiry report, the disciplinary authority issued a show cause notice dtd. 9/6/2020 enclosing the enquiry report, calling for an objection from the petitioner and K.G.Upadhyaya. The petitioner submitted a reply dtd. 24/6/2020 to the show cause notice. The disciplinary authority, being dissatisfied with the reply, proceeded to impose the penalty of compulsory retirement on the petitioner and also recovery of an amount of 23,36,509/-.