K M SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In the instant petition, the petitioner has sought for the following reliefs:

(2.) Petitioner while working as Accountant-cum-Data Entry Operator of Mathihalli Grama Panchayat, Harapanahalli Taluk, Davangere District. There were serious allegations relating to manipulation of records arising out of giving employment under the scheme called 'Mahatma Gandhi Rural Employment Guarantee Scheme'. Petitioner is also stated to have been involved in such manipulation of records and causing financial loss to the Gram Panchayat. In this regard, respondent No.5 - Ombudsman Court proceeded to pass an order on 26.3.2014 against the Panchayat Development Officer/Secretary and further order for recovery of Rs.16,064/-. In this backdrop, Executive Officer, Taluk Panchayat, Harapanahalli directed the Panchayat Development Officer, Mathihalli Gram Panchayat to dismiss the petitioner on 5.5.2014. Based on such communication, Panchayat Development Officer, Mathihalli Gram Panchayat proceeded to ask the petitioner not to attend the office and communication/Annexure-J dated 5.5.2014 is the dismissal order insofar as petitioner is concerned. Petitioner is stated to have submitted a representation dated 16.4.2014 to the Chief Executive Officer, Zilla Panchayath Office, Davangere. Since no action has been taken. Hence this writ petition.

(3.) Perusal of communication dated 5.5.2014 of the Executive Officer, Taluk Panchayat, pursuant to the communication of Chief Executive Officer, Zilla Panchayat dated 29.4.2014 addressed to the Panchayat Development Officer, Grama Panchayat, Mathihalli, it is proposal/direction for dismissal of the petitioner from service pursuant to the order of respondent No.5 - Ombudsman dated 26.3.2014. The Court time and again held that if a temporary employee is removed from service, it is required for issuance of show cause notice and holding domestic enquiry if there are disputed facts. In the present case, there were serious allegations relating to manipulation of records and alleged misappropriation of Panchayat fund. In such an event without holding enquiry impugned proposal dated 5.5.2014 (Annexure-J) is illegal and arbitrary. Accordingly, Annexure-J dated 5.5.2014 issued by the Executive Officer, Taluk Panchayat, Harapanahalli pertaining to the termination of services of the petitioner stands quashed. More over, Panchayat Development Officer has not proceeded to pass further order or taken action in accordance with law. On the otherhand, abruptly asked the petitioner not to attend office.