K S RAJEGOWDA Vs. KARNATAKA ELECTRICITY BOARD

JUDGEMENT

(1.) THIS writ petition is directed against the 4th respondent"s order, dt.20-2-2001 (Annex.H) rejecting the petitioner"s preliminary objections regarding the jurisdiction of Inquiring Authority.

(2.) THE brief facts of the case are that the petitioner was allegedly caught red-handed while accepting certain bribe amounts in June 1997. This resulted in the order suspending the petitioner from services on 5-7-1997. This suspension order was revoked on 16-5-1998. THEreafter he retired from service on 31-3-1999. THE 1st respondent-Board in exercise of its power conferring by 14A(1) of the Karnataka Electricity Board Employees Classification Disciplinary Control and Appeal Regulations, 1987 (hereinafter called 1987 Regulations) ordered domestic enquiry against the petitioner. THE enquiry was entrusted to the Hon"ble Upalokayuktha. THE Deputy Registrar, by virtue of the powers conferred on him by the Hon"ble Upalokayuktha, issued the articles of charges on 28/3/2000.

(3.) PER contra, Sri Naganand, the learned Senior Counsel for M/s. Sundaraswamy Ramdas & Anand, Advocates, appearing for the respondents 1 and 2 has made his reply submissions as follows: (a) This writ petition itself is premature, as the petitioner virtually challenges the show cause notice. It is always open to the petitioner to prove his innocence by availing of the opportunity to take part in the enquiry proceedings. (b) If the Management incurs pecuniary loss on account of misconduct or negligence of its employee, it is open to the Management to initiate the departmental proceedings even after his retirement from service. In this regard, he relies on a judgment of the Apex Court in the case of State of Uttar Pradesh Vs. Brahm Datt Sharma and Another reported in (1987) 2 SCC 179. The relevant portion of the said judgment is extracted herein below: