TUKARAM S VERNEKAR Vs. KARNATAKA ELECTRICITY BOARD BANGALORE

JUDGEMENT

(1.) APPELLANT is employed as a Junior Engineer (Civil) under the respondent-Karnataka State electricity Board (for short the 'board' ). While working as Junior Engineer, he was placed under suspension on 26-5-1986 on the allegation of certain lapses, acts of omissions and commissions on his part. A regular departmental enquiry was ordered against him. Sri H. Nagappa, Retired district and Sessions Judge was appointed as Specially Empowered Authority for holding the enquiry. Enquiry Officer exonerated him of the charges levelled against him. Report of the enquiry Officer is dated 5-10-1994.

(2.) THE matter was placed before the Disciplinary Authority which disagreed with the enquiry report. After recording its reasons for differing with the enquiry report but without issuing notice to the appellant, the Disciplinary Authority proceeded to impose the punishment of withholding of one annual increment falling due next without cumulative effect with a severe warning that repetition of the mistake will result in severe punishment. The order of the Disciplinary authority is dated 17-1-1995. Appellant preferred a further appeal before the Departmental appellate Authority. The appeal was dismissed on 13-2-1998.

(3.) AGGRIEVED against the order of the Disciplinary Authority and the Single Judge, appellant filed a writ petition raising four-fold argument stating that: (a) the charges were not served on the petitioner by the competent authority; (b) he was not served with enquiry report before the order was passed by the Disciplinary authority; (c) he was not supplied with certain documents; and (d) Disciplinary Authority had not recorded proper reasons for disagreeing with the report of the enquiry Officer.