LAWS(KAR)-2007-10-39

M GURUSWAMY Vs. MANAGING DIRECTOR KPTC LTD

Decided On October 05, 2007
M.GURUSWAMY Appellant
V/S
MANAGING DIRECTOR KPTCL Respondents

JUDGEMENT

(1.) THE petitioner is the employee under the respondents. Alleging certain acts of negligence and misconduct, the petitioner was issued with a charge sheet dated 25-9-2000, vide Annexure-A. The charge sheet contains the articles of charges, statement of imputations of misconduct, the list of documents and the list of witnesses proposed to be examined, through whom the charges were sought to be proved. A retired district Judge was appointed as the Enquiry Officer to conduct the disciplinary enquiry against the petitioner and two others, being a joint enquiry. The Enquiry Officer after conducting the enquiry, has submitted the report vide Annexure-C. The petitioner was issued with a show-cause notice enclosing the enquiry report, as to why action in accordance with law based on the enquiry report, should not be taken. Subsequently, an order has come to be passed by Disciplinary Authority ('da' for short) on 27-9-2001, vide Annexure-D, holding that, the misconduct alleged against the petitioner as proved and consequently imposing the punishment i. e. , reduction of pay to the minimum of the present time scale.

(2.) THE petitioner being aggrieved, has filed an appeal before the appellate Authority ('aa' for short ). On consideration of the appeal of the petitioner as well as the other employee against whom the joint enquiry was held, the 'aa' has passed a common order dated 13-6-2002, vide annexure-E, upholding the order passed by the 'da'.

(3.) THE petitioner thereafter had filed a review petition which was not considered and an endorsement dated 24-7-2003, vide Annexure-F, was issued by the respondents. The petitioner has challenged the said orders.