IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION No.16099/2014 (S – RES) BETWEEN:
Dr. H N Sudhakar s/o late H S Narasimhamurthy Aged about 59 years r/a No.53-54, Ashirwada 5th Cross, Simhadri Layout Uttarahalli, Bangalore-560061. … Petitioner (By Sri V S Naik, Advocate) AND:
The Karnataka Co-operative Milk Producers’ Federation Ltd., Dr.M H Marigowda Road Bangalore-560 029 Represented by its Managing Director. ... Respondent (By Sri M R C Ravi, Advocate) This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 27.1.2014 issued by the respondent the original of which is produced and marked as Annexure-H and etc.
This petition is coming on for preliminary hearing in `B’ group this day, the Court made the following:-
ORDER In the instant writ petition, petitioner has sought for the following reliefs:
“a) Issue a writ of certiorari or any other appropriate writ, or direction quashing the order bearing Ref. No.41/Adalitha- 1/2014/5610 dated 27.01.2014 issued by the respondent the original of which is produced and marked as Annexure-H;
b) Issue a writ of mandamus or any other appropriate writ, or direction, directing the respondent to immediately release all the terminal benefits such as Leave Encashment, Gratuity, G.S.L.I.S etc;
c) Grant such other relief or reliefs as deemed necessary to meet the ends of justice.”
2. Perusal of Annexure-H dated 27.1.2014 by which respondent/Managing Director proceeded to pass an order for recovery of Rs.70,888/- and Rs.12,000/- totaling to Rs.82,888/- from leave encashment benefit payable to the petitioner. It is evident from the communication. Such recovery proceedings is without holding any enquiry. Merely, issuance of notice does not suffice in view of the fact that petitioner is disputing the recovery. The impugned order has a civil consequence. In a matter where civil consequence is involved, the concerned Authority was required to proceed in accordance with law like holding an enquiry under what circumstance recovery is permissible with reference to documents and giving opportunity of hearing to its employee/officer. Such proceedings have not been adhered before passing communication/order dated 27.1.2014 (Annexure-H). Accordingly, Annexure-H dated 27.1.2014 issued by respondent stands quashed.
Writ petition is allowed reserving liberty to the respondent to initiate enquiry and complete the same in accordance with law within a period of six months from the date of receipt of this order.
Sd/- JUDGE Bkm