B SRIKANTAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is filed by the applicant in Application no. 1310/1998 being aggrieved by the order passed by the Karnataka administrative Tribunal, Bangalore, dated 9-12-2004 in so far as the order denies entitlement to any monetary benefit including back wages for the period from 26-3-1996-the date of dismissal order to the date of superannuation.

(2.) THE petitioner was appointed as Second Division Assistant in the Department of Agriculture on 5-8-1963 and promoted as First division Assistant in the year 1974 and promoted as Superintendent in the year 1982. While he was working as Superintendent in the office of the Agricultural Officer (Soil Conservation), Nagamangala in the District of Mandya during the year 1983-84, 1984-85 and 1985-86 he was served with the charge memo alleging that while he was incharge of the cash section which included the duty of drawing and disbursing the salary to the employees for the period from October 1983 to May 1986 a sum of Rs. 94,050-55 ps was drawn as Dearness allowance and out of that, a sum of Rs. 82,840/- had to be invested in National Savings Certificates, but the applicant invested only a sum of Rs. 30,790/- and the balance of Rs. 52,050/- was temporarily misappropriated and later invested in NSCs in the month of November 1986 and thus, temporarily misappropriated a sum of Rs. 52,050/ -.

(3.) BY Government order dated 13-6-1988 Government decided to proceed against the applicant and two other Agricultural Officers sri H. Venkatesha Murthy and Sri Shivaram who are at relevant period working at Nagamangala. After due enquiry, the Disciplinary Authority passed order of dismissal on 26-3-1996 as per Annexure-A5 which was challenged in the appeal and the Appellate Authority confirmed the order of dismissal as per Annexure-A6 dated 10-7-1997 and being aggrieved by the same, the petitioner approached the Karnataka administrative Tribunal at Bangalore in Application No. 1310/1998.