SUNDERRAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Petition and Writ Petition No. 42494 of 1982 are directed against orders passed pursuant to a common disciplinary proceedings held against petitioners. Though they are heard together, I propose to make separate orders having regard to peculiar features of each case.

(2.) Government by its order dated 4th December, 19?3 ordered departmental enquiry under Rule 13(1) read with Rule 11(2) of C.C.A. Rules against petitioners appointing Assistant Commissioner, Kolar Sub-Division, Kolar, as Inquiry Officer to enquire into certain lapses committed in disbursement of crop loan to ryots at Nangali Circle, Mulbagal Taluk, Kolar District, starting from Grama Sevak to Block Development Officer, based on preliminary enquiry report. Preliminary enquiry report disclosed imprudent haste in sanctioning loan on the date of receipt of application itself and the way in which loans were sanctioned to persons who are already dead or in the names of fictitious persons that officials have colluded with one another with ulterior motive and misappropriated a sum of Rs. 14,125/- by their fraudulent acts.

(3.) Charge against petitioner in this petition is: "You, Sri P. Sundararajan, were the Gramasevak of Padmaghatta Circle and in additional charge of the Gramasevak of Nangali Circle during the year 1972-73. Out of the funds placed at the disposal of the Block Development Officer, Mulbagal, under Emergency Agricultural short term loan, you had built up records for sanction of loans amounting to Rs. 15.565/- in favour of 33 ryots residing in Nangali Circle of Mulbagal taluk, in the month of March 1973. On the strength of your records the Block Development Officer has sanctioned the loan and the ryots were delivered inputs like fertilizers by the Agro Kendra Mulbagal and "Kasaba S.C.S. Mulbagal. etc." Statement of imputations contained in articles of charges state that he had filled up crop loan records in favour of persons who are either dead or whose whereabouts are not known or in favour of persons who impersonated the real land holders, in collusion with one Venkatesh and other accused Government officials and built up false records without verifying correctness of particulars mentioned in applications with reference to revenue records like record of rights, index of lands, R.T.C. etc., and got loans sanctioned frivolously and misappropriated the entire amount of Rs. 14.125/-. Acts of prompting salesman of Agro Kendra of Mulbagal, to deliver inputs in all those cases and identifying and attesting signature of drawees as persons in whose favour loans have been sanctioned, though not seen them, constituted grave misconduct and negligence. The specially empowered authority relying on both, oral and documentary evidence, placed on record during enquiry, held charges are proved. Divisional Commissioner as one of the heirarchy of authority under C.C.A. Rules, but for initiation of proceedings by Government to whom records were forwarded for onward submission to Government concurring with the views of Inquiry Officer recommended certain punishments. Government in its order dated 29th December 1982 accepted recommendation and imposed certain punishment on others while decision in respect of petitioner was deferred. Finding recorded by subsequent order dated 3rd June 1983 on consideration of representation made pursuant to a second show cause notice reads thus : ".... .... A perusal of the deposition of PWs 1, 2, 3, 5, 6, 19, 20, 22 & 23rd the relevant 1. L. R. and RR extracts referred to in respect of their holdings (Lands) on which the loans are stated to have been sanctioned and amounts disbursed clearly establish that the AGO has built up records in favour of either the deceased persons or the persons who are not residing in the village and that he (the AGO) has also attested the signatures of/LTMs of fictitious persons............ Some of the instances narrated above clearly establish that there are serious irregularities committed by this AGO-Shri P. Sundararaj while building up the loan records in collusion with one Sri M. Venkatesh. Thus, he is liable for grave misconduct, negligence and misappropriation of loan amount of Rs. 14.125/- involved in all these loan records....The Enquiry Officer has rightly held that the charges framed against the AGO Shri P. Sundararaj are proved beyond doubt." and ordered dismissal of petitioner from service.