MALLAPPA K Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Articles of charges frarred under Rule 214 of the Karnataka Civil Services Rules as against petitioner read thus :-

(2.) Validity or correctness of this proceeding is challenged mainly on three grounds viz., (i)' after settlement of pension payable to petitioner there remained nothing for the department to held an enquiry; (ii) statement of imputation as contained in charge will not constitute misconduct or negligence; and (iii) in the absence of essential ingredients of Rule 214 of the Rules, proceeding initiated or action taken to hold an enquiry is without jurisdiction and illegal.

(3.) Undisputed facts are :- Petitioner retired from service on 15.5.1980. Article of charge is framed on 8.12.1981, but served on petitioner on 10.12.1981 in respect of an incident that has occurred in the year 1978. Pension claim has been settled as per endorsement dated 26.8.1980 vide Annexure-B and 75 per cent of DCRG has also been ordered to be paid-vide Annexure-C, and what remains to be paid is only 25 percent of DCRG. Though there is nothing left with Department to with-hold, it is submitted on behalf of respondent that State is competent to deduct out of payment to be made very month, hence, I find no substance in the first contention.