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.22582/2014 (S – DIS) BETWEEN:
Sri K M Suresh s/o Sri Ningappa aged about 33 years working as Accountant cum Data Entry Operator Mathihalli Gram Panchayat Harapanahalli Taluk Davangere District (Now Illegally terminated from service) R/a N Cheeranahalli, Aladahalli Post Harapanahalli Taluk Davangere District. … Petitioner (By Sri Subba Rao, Sr. Counsel for Sri Satheesha K N. Advocate for M/s.Subba Rao & Co.) AND:
1. The State of Karnataka Represented by Prl. Secretary to Government, Rural Development and Panhayat Raj, Vikas Soudha Dr.Ambedkar Veedhi, Bangalore- 560 001.
2. The Chief Executive Officer Zilla Panchayat, Davangere Davangere District-577005.
3. The Mathihalli Gram Panchayat Represented by Panchayat Development Officer Mathihalli, Harapanahalli Taluk P O. Mathihalli, Davangere District – 577 005.
4. The Executive Officer Taluk Panchayat Near I B Circle Harapanahalli Davangere District-577005.
5. The Ombudsman M.G.N.R.E.G.A., Zilla Panchayat Davangere-577005. ... Respondents (By Sri N R Jagadeeswara, Advocate for R2 to R5, Sri M V Ramesh Jois, AGA, for R1) This petition is filed under Article 226 of the Constitution of India, praying to call for the entire records pertaining to the order of the Ombudsman dated 26.3.2014 (Annx-G); Chief Executive Officer, Zilla Panchayat, Davangere vide No.ZIPANCHA.ABHI(3) UKHAYO:CR:26/2013-14 dated 2.4.2014 (Ann-H) and Executive Officer vide No.TaPam/HaHalli/Da Ukhayo/Gra.Pam/07-08 dated 20.8.2007 (Annexure-B); order No.Ta.Pam.HaHalli/LePaSha/13-14 dated 5.5.2014 issued by the Executive Officer, Taluk Panchayat, Harapanahalli (Annexure-J) and etc., This petition is coming on for preliminary hearing in `B’ group this day, the Court made the following:-
ORDER In the instant petition, the petitioner has sought for the following reliefs:
“Call for the entire records pertaining to the order of the ombudsman dated 26.03.2014 (Annexure-G); Chief Executive Officer, Zilla Panchayat, Davangere vide No.ZiPancha.Abhi(3)Ukha Yo:CR:26/2013-
14 dated 2.4.2014 (Annexure-H and Executive Officer vide No.TaPam/HaHalli/Da UKhayo/Gra. Pam/07-08 dated 20.08.2007 (Annexure-B); order No.Ta.Pam.HaHalli/LePaSha/13-14 dated 5.5.2014 issued by the Executive officer, Taluk Panchayat, Harapanahalli (Annexure- J); and grant the petitioner the following reliefs:-
a) issue a writ in the nature of certiorari or any other appropriate writ or order or direction, quashing the order of the Ombudsman dated 26.03.2014 (Annexure- G); Chief Executive Officer, Zilla Panchayat, Davangere vide No.No.ZiPancha.Abhi(3) UkhaYo:CR:26/2013-14 dated 2.4.2014 (Annexure-H) and Executive Officer, Taluk Panchayat, Harapanahalli, Davangere District vide No.No.TaPam/HaHall/Da Ukhayo/Gra.Pam/07-08 dated 20.08.2007 (Annexure-B) and order No.Ta.Pam.HaHalli/LePa Sha/13-14 dated 5.5.2014 issued by the Executive Officer, Taluk Panchayat, Harapanahalli (Annexure- J) as these orders are illegal and against the principles of natural justice.
(b) issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondents to permit the petitioner to continue in service as Accountant cum Data Entry Operator of Mathihalli Grama Panchayat, Harapanahalli Taluk, Davangere District till his retirement; and (c) direct the respondents to pay the petitioner, the cost of this proceedings and grant such other relief or reliefs which this Hon’ble Court may be pleased to grant in the circumstances of the case, in the interest of justice and equity.”
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.
Accordingly, writ petition stands allowed.
The Panchayath Development Officer, Mathihalli Grama Panchayat is hereby directed to reinstate the petitioner forthwith. Further liberty is given to the concerned respondent to initiate enquiry proceedings and complete within a period of six months from the date of receipt of this order. In the meanwhile, petitioner is entitled to arrears of salary from the date of dismissal till the date of reinstatement. The same shall be calculated and disbursed within a period of two months from the date of receipt of this order.
Sd/- JUDGE Bkm