TEEKAPPA FAKIRAPPA KAMBLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition by a person who retired as joint director of the Agricultural Produce Market committee, Raichur with effect from 31-8-1995.

(2.) IT appears, subsequent to retirement, the government proposed to hold an enquiry into the conduct of the petitioner while he was in service and was working as joint director of the market committee at Raishur during the period between 14-9-1992 and 30-8-1995. This was sequel to certain audit report submitted on 8-5-2000 covering the periods 1995-96, 1996-97 and 1997-98 and wherein the audit wing had noticed certain financial irregularities particularly, late remittance of some amount collected as market fee from the member participants or agriculturists by one rachanna Gowda, sales assistant, who, it appears, had not promptly remitted the amount collected and for which he had issued receipts at the relevant time on the charge that the petitioner had not effectively supervised the functioning of such sales assistant and was therefore indirectly responsible for the misappropriation of funds by said Rachanna gowda, though for a temporary period.

(3.) PETITIONER had questioned the legality of initiating this action against him by the government, purporting to be under the provisions of the Rule 11 of the Karnataka Civil services (Classification, Control and Appeal)Rules, 1957, by filing an application before the Karnataka Administrative Tribunal. While the application was pending consideration before the tribunal, the learned Government advocate appearing for the State made a representation indicating, inter alia, that the Government was inclined to drop the proceedings against the applicant petitioner and therefore the tribunal disposed of the application as having become infructuous in terms of its order dated 5-8-2004 passed in Application No. 2560 of 2003 (copy is produced at Annexure-B to the writ petition ).