B DODDAKARIYAPPA Vs. REGIONAL COMMISSIONER

JUDGEMENT

(1.) The grievance of the petitioner is that the period for which he was prevented to work as a Village Accountant i.e., from 06.12.1976 to 04.07.1990, which was treated as Leave Without Allowance, is contrary to the Principles of law.

(2.) The petitioner who was working as a Village Accountant at Ponnasamudra Village Panchayat, Pavagada taluk was issued with a charge memo alleging that he collected a sum of Rs.33-24 on 11.10.1973 from one Adinarayana Setty towards land revenue in respect of Khatha No.65, but he failed to remit the amount to Government and misappropriated the same and that he unauthorizedly remained absent from duty with effect from 06.12.1976 till 04.07.1990. The petitioner approached the Karnataka State Administrative Tribunal in Application No.2094/1990 which was disposed of by the Tribunal by order dated 08.06.1990 directing the Department to take back the petitioner to duty and accordingly in the month of July, 1990 the petitioner was taken for duty.

(3.) So far as the charge relating to misappropriation of amount is concerned, the Department had initiated a criminal case against the petitioner and the Criminal Court had acquitted the petitioner. As regards the charge of unauthorized absence for nearly 14 years, the Deputy Commissioner by order dated 17.08.1991 imposed penalty of "Warning" and treated the period as Leave Without Allowance. The petitioner preferred an appeal before the Divisional Commissioner, Bengaluru Division on 17.03.2001. The Appellate Authority issued an endorsement to the petitioner on 14.02.2002 and dismissed the appeal on the ground that the appeal should have been preferred within a period of three months in terms of Rule 20 of the CCA Rules.