GOWRAMMA Vs. SECRETARY NORTH TALUK

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking to quash the order dated 02.11.1999 passed by the first respondent and order dated 28.02.2011 passed in Appeal No.295/2007 by the Karnataka Appellate Tribunal vide Annexures-H & K respectively and to direct the respondent No.1 to reinstate the petitioner with all consequential benefits.

(2.) The brief facts of the case are that petitioner while working as a cashier at Sampangiramanagar Branch of the first respondent during 1998, and central office due to pressure of work and due to mistake, a discrepancy had crept in, while maintaining entries in the Cash Book. When the petitioner verified the Cash Book, found excess cash and immediately brought it to the notice of the first respondent as well as Accountant that she would make payment of difference amount if discrepancy in the entries is noticed. However, the first respondent on 17.03.1999 issued notice and before seeking any explanation as to the discrepancy, passed an order of suspension dated 16.04.1999. The petitioner deposited the entire amount. Even knowing of this, the first respondent issued notice dated 15.5.1999 alleging that the petitioner has misappropriated Rs.36,331/- on eight different occasions between 18.1998 and 07.01.1999.

(3.) The petitioner submitted her reply dated 21.05.1999 denying all the alleged misappropriation of funds and categorically stated that difference in amount occurred on account of mistake, was informed to the first respondent and she has deposited the entire amount. By a further notice dated 16.6.1999 first respondent appointed Enquiry Officer to hold an enquiry into the alleged charges. The petitioner replied the said notice by her reply dated 24.6.2000.