RAJALAKSHMI Vs. KARNATAKA POWER TRNSMISSION

JUDGEMENT

(1.) The petitioner is seeking for quashing of orders dated 31-12-2001 and 20-12-2002 at Annexures 'C' and 'E' respectively, passed by the Disciplinary Authority imposing a minor penalty of "withholding one annual increment falling due next with cumulative effect" and the Appellate Authority's order confirming the said imposition of minor penalty.

(2.) The facts leading to the filing of this petition are : In the special report of the Accounts Officer, Internal Audit, Central Division, K.P.T.C.L. Bangalore, dated 18-9-2001 it was noticed that several lapses/commissions/omissions had occurred during the incumbency of one N. Gopal who was working as cashier at C-1 Sub-division which resulted in misappropriation of cash to an extent of two lakhs temporarily and R.2.5 lakhs permanently and thus had caused financial loss to the Corporation. During the said period petitioner was discharging her duties as Senior Assistant and while discharging her duties as cash officer at same viz. C-1. Sub-division, it was noticed by authorities that she failed to verify/check the cash remittances punctually being a cash-officer and she did not discharge her duties properly as per work load norms of the Corporation. Hence the Disciplinary Authority issued a proposal to the petitioner herein by proposal dated 15-12-2001 (Annexure-A) notifying the petitioner that the acts stated in the said proposal are nothing but negligence and dereliction of duty, which gave scope for misappropriation of the amount and proposed to impose one or more of the penalties specified under Regulation 9 of the Karnataka Electricity Board Employees' (Classification, Disciplinary Control and Appeal) Regulations, 1987 (hereinafter referred to as 1987 Regulation). The petitioner was called upon to furnish her explanation within 7 days from the date of receipt of the said proposal. The petitioner by reply dated 20-12-2001 (Annexure-B) gave a detailed reply and admitted the lapses that had occurred and claimed that for the reasons stated therein she could not detect the alteration in figures and hence she requested that she should not be imposed with any penalty and sought for being absolved of the proposal made in the proposed notice dated 15-12-2001. The Disciplinary Authority considering the said reply and after examining the records passed an order on 31-12-2001 as per Annexure-C by imposing "minor penalty" as contemplated under Regulation 9(iii) of the Regulations 1987 namely by ordering withholding one annual increment falling due next with cumulative effect.

(3.) The petitioner being aggrieved by the same filed an appeal under Regulation 17 of the above- said Regulations to the Chief Engineer (Electrical), as per Annexure 'D' inter alia contending thereunder that she had been very cautious in discharge of her duties and in spite of the due diligence she could not notice the tampering of records done by the cashier N. Gopal and accordingly sought for allowing the appeal, amongst other grounds urged in Appeal.