KARNATAKA SILK INDUSTRIES Vs. Y N KRISHNA MURTHY

JUDGEMENT

(1.) This intra-court appeal is preferred by Karnataka Silk Industries Corporation Limited (hereinafter referred to as 'Corporation' for short) being aggrieved by the order passed by learned Single Judge in W.P.No.21936/2013 on 20.09.2017 whereunder order dated 11.07.2012 and 20.03.2013 passed by Corporation removing the petitioner from services came to be set aside. For the purposes of convenience, appellants are referred to as "Corporation" and respondent is referred to as "Petitioner" hereinbelow.

(2.) Facts in brief which has led to filing of this appeal can be crystalised as under: Petitioner came to be appointed to the post of 'Assistant Sales Officer' on 21.08.1987 in the Corporation on contract basis for a period of three (3) years and in the appointment letter dated 21.08.1987 Annexure-A it was indicated that said period of three (3) years would be treated as probationary period. By accepting the said offer petitioner reported to duty.

(3.) Petitioner was kept under suspension by order dated 11.10.1989 pending enquiry for charges of misappropriation of Corporation funds and in the enquiry charges were held to be proved and punishment of withholding one increment without cumulative effect came to be passed on 04.01.1992. A report came to be submitted by the vigilance officer on 15.11.1993 stating that he had noticed certain shortage of stocks during inspection at Devatha Market Showroom, Bangalore. Hence, a show cause notice dated 01.12.1993 came to be issued to the petitioner calling for explanation. Not being satisfied with the reply offered by petitioner enquiry was ordered to be conducted and accordingly, EO (for short EO) came to be appointed. Thereafter an enquiry came to be conducted, a report was submitted on 01.12.1993 by the EO holding that petitioner had not taken prompt action to maintain the records and safeguard the property of Corporation. Apart from issuing severe warning a sum of '4,1025 was ordered to be recovered in 15 installments from the salary of petitioner.