IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.57639/2017 [S-KAT] BETWEEN:
SRI. U.R. RAMESH S/O. U. RAMALINGAPPA AGED ABOUT 49 YEARS WORKING AS FOOD INSPECTOR OFFICE OF THE DEPUTY DIRECTOR, NORTH RANGE, VYALIKAVAL BENGALURU – 560 003 RESIDENT OF NO.1926/32 I FLOOR, 12TH CROSS, 11TH MAIN, DAVANAGERE – 577 002 …PETITIONER [BY SRI. HAREESH BHANDARY, ADVOCATE FOR SRI. VISHWAJITH SHETTY S., ADVOCATE] AND:
1 STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES, M.S. BUILDING BENGALURU – 560 001 2 THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES CUNNINGHAM ROAD BENGALURU – 560 002 …RESPONDENTS [BY SMT. SHILPA S. GOGI, HCGP FOR R1 & R2] THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER ANNEXURE-A DTD. 20.08.2016 MADE ON APPLICATION NO.4662/2009 BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BENGALURU AND THE ORDER ANNEXURE-B DTD. 24.07.2007 PASSED BY THE 2ND RESPONDENT AND THE ORDER ANNEXURE-C DTD. 17.08.2009 PASSED BY THE 1ST RESPONDENT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The petitioner herein is impugning the order of the Karnataka State Administrative Tribunal [‘KSAT’, for short] dated 20.08.2016 in Application No.4662/2019 on the ground that there is serious error committed by the KSAT, in not considering his application which was in challenge to the order of the Appellate Authority in Proceedings No.C£Á¸À 185 DE¸Éà 2007, dated 17.08.2009.
2. The brief facts leading to this writ petition are as under:
The petitioner herein was working as ‘Food Inspector’ in the Respondent No.2-Food Corporation. While he was working as such, a complaint was lodged against him and various persons with reference to illegal issuance of ration cards and consequential distribution of essential food articles through such ration cards. Based on the complaint, an enquiry was conducted wherein it was found that the petitioner herein was also involved in sale of bogus kerosene coupons on the basis of fictitious ration cards issued in the name of non existing persons resulting in monetary loss to the Respondent No.2-Corporation. The Authorities initiated an enquiry against the petitioner and others who are accused of such offence where the enquiry which was conducted, resulted in an order being passed in Proceedings No.CFS/EST[2]91/1997-98 dated 24.07.2007, where the offence alleged against eight persons were held to be proved including the petitioner herein whose name is at Sl. No.5 in the said proceedings. The Disciplinary Authority felt that his four increments should be withheld and also Rs.62,985/- is required to be recovered from him.
3. This order of the Disciplinary Authority was challenged by the petitioner herein in an appeal before the Appellate Authority and Secretary to State Food and Civil Supplies Department, Bengaluru. It is seen that the said appeal was rejected by order dated 17.08.2009 consequently confirming the order of the Disciplinary Authority dated 24.07.2007. The said order when challenged before the KSAT in Application No.4662/2009, the KSAT dismissed the same by its order dated 20.08.2016 on the ground that the finding of the Enquiry Officer which is confirmed by the Appellate Authority is just and proper, hence does not call for interference. It is this order dated 20.08.2016 which is challenged in this proceedings.
4. Heard the learned counsel for the petitioner as well as contesting respondent and also perused the order of the Disciplinary Authority vide Annexure-A8 as well as order of the KSAT. On going through the same, it is clearly seen that the offence alleged against eight Officers of the Respondent No.2 wherein petitioner herein is at Sl. No.5 is with reference to creation of bogus ration cards and issuance of coupons for distribution of kerosene through such non existing ration cards is proved beyond reasonable doubt in an enquiry which is conducted before the Disciplinary Authority. Based on the finding of the enquiry, punishment is imposed not only against the petitioner herein, but also against all eight persons against whom enquiry was held to be proved. Accordingly, each of them were handed down the punishment where the amount ordered to be recovered is ranging from Rs.62,000/- to Rs.9,00,000/- depending on the magnitude of the offence committed by each of the Officers.
5. It is this order of the Disciplinary Authority which is confirmed not only by the Appellate Authority but also by the KSAT. Therefore, on merits, this Court finds no grounds are made out to interfere with the concurrent findings of the Disciplinary Authority as well as Appellate Authority which is confirmed by the KSAT cannot be interfered in this writ petition.
6. The grounds that are urged in this petition to the effect that in the complaint there is no reference to the petitioner and further that he is retired from service does not negate the complaint; enquiry conducted wherein the involvement of the petitioner and seven other persons in misappropriating the essential supplies reserved by the Respondent No.2 to be distributed to common citizens being proved; petitioner securing illegal monetary gain to the tune of Rs.62,985/- being established; the said findings appears to be just and proper and does not call for interference in this writ petition.
Accordingly, writ petition is dismissed.
Sd/- JUDGE Sd/- JUDGE AN/-