MADE GOWDA Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this writ petition under Art. 226 of the Constitution of India, the petitioner prays for a writ of certiorari or other appropriate writ directing the quashing of the order of the respondent (Government of Mysore) No. PWD 110 DAF 58 dated 16 September 1961.

(2.) The Petitioner was working as a sub-overseer in No. 2 subdivision, Sugarcane Cess Fund Division, Mandya. He was placed under suspension on 7 July 1959 and the respondent directed that disciplinary proceeding should be instituted against him under Mysore Civil Services (Classification Control and Appeal) Rules, 1957 (which will be hereinafter referred to as the rules) A joint enquiry was directed against the petitioner, Sri Narayanaswami, Executive engineer and Sri M. Chandrasekhar, Junior Engineer of the Sugarcane Cass Fund Division, Mandya. The respondent appointed the Special Officer, Efficiency Audit, Bangalore, as the enquiry officer. The enquiry officer framed a charge against the petitioner and served the same on him. The charge against the petitioner was that while he was functioning as sub-overseer in No. 2 sub-division, Sugarcane Cess Fund Division, Mandya, he wilfully recorded palpably false measurements on 17 May, 1958 in measurement book No. 1451 relating to the above works and on the basis of the false measurements so recorded, he wilfully claimed Rs. 3,319 in favour of the contractors as against the sum of Rs. 1,706 being the actual cost and thus intentionally caused wrongful loss to the Government to the tune of Rs. 1,613 and rendered himself liable to a charge of grave misconduct as Government servant. A departmental enquiry was duly conducted, witnesses were examined and the petitioner was permitted to cross-examine the witnesses. The enquiry officer thereafter submitted his report with his finding, to the respondent - State Government. A show-cause notice why the petitioner should not be dismissed was issued by the respondent and the petitioner furnished his explanation. Thereafter, the Public Service Commission was consulted. The respondent then passed the impugned order dated 16 September, 1961 compulsorily retiring the petitioner from service and directing the recovery of Rs. 806.50 from the petitioner towards the loss caused by him to the Government. In this writ petition, the petitioner prays that the said order be quashed.

(3.) Sri Subbannachar, learned counsel for the petitioner, has urged live points before us, namely -