NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES Vs. C PARAMESHWARA
LAWS(SC)-2004-12-55
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on December 13,2004

NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES Appellant
VERSUS
C.PARAMESHWARA Respondents

JUDGEMENT

Kapadia, J. - (1.) Leave granted.
(2.) This appeal by grant of special leave is directed against judgment and order dated 8-9-2003 passed by the High Court of Karnataka in Civil Revision Petition No.2211 of 2003.
(3.) Briefly stated, the facts are as follows : On 29-6-1985, respondent herein was appointed as senior pharmacist in National Institute of Mental Health and Neuro Sciences, appellant herein. On 21-6-1988, respondent herein was charge-sheeted for alleged misappropriation of drugs to the extent of Rs. 1,79,668.46. A detailed and elaborate enquiry was conducted by the enquiry officer. On 20-2-1993, the enquiry officer submitted his findings holding that the respondent, as a senior pharmacist, was responsible for shortages of drugs in the year 1987 to the extent of Rs. 1,79,668.46. By show-cause notice dated 1-3-1993, the disciplinary authority, being the Director of the appellant-Institute, stated that he has perused the enquiry report dated 20-2-1993 and he was satisfied with the findings given by the enquiry officer. Consequently, by the said show-cause notice, the respondent herein was called upon to show-cause why penalty of removal from service should not be imposed. By the said show-cause notice, the respondent herein was asked to explain as to why the pecuniary loss suffered by the appellant be not recovered from him. The respondent herein submitted his reply to the show-cause notice. By order dated 12-4-1993, the disciplinary authority ordered removal of respondent from service and also directed the respondent to reimburse the appellant to the extent of pecuniary loss suffered. Being aggrieved, the respondent herein moved the appellate authority.;


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