High Court Karnataka High Court

The Director vs Dr. H.T. Balakrishna on 18 October, 2010

Karnataka High Court
The Director vs Dr. H.T. Balakrishna on 18 October, 2010
Author: V.G.Sabhahit & B.V.Nagarathna
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 18'1"" DAY OF OCTOBER, 

PRESENT
THE HON'BLE MRJUSTICE v.G.SAR.HAHVI-Tiii . V

AND 

THE HONBLE MRS.»JUST1'CE BA,V.  V

WRIT PETITION N0. I'E9}I5 OF 20m ISKAT)

BEIVVEEN

1.

I   {I§YISMT...SHEELA KRISHNA, AGA.,)

'AI§ID*

THE DIRECTOR,-1 V .   
DEPARTMENTIIGF HEALTH AND' 'FAMILY
WELFARE.    
ANA'NDA*'RAo"cIRcLE._ 
BANC_5ALOF<,E--55jQ 009 . '

  §:?='1"A,'_1;E2I OF_ KAR\fATAKA,

 REIvREsE:I\ITEDI*3YV._ITS SECRETARY,

' DEPARTMENTGF HEALTH AND FAMILY
WELF.ARE_ SERVICES,

5 ~ _ VIDHANASOUDHA,
'  i  V' BANGALQ.RE+56O 001.

.. PETITIONERS

DR.4'Ié1IT§'V.aEAI.AKRISHNA,

  AGED' ABOUT 58 YEARS,
., S/'CILATE H.I<.THAIvIIvIAIAI~I,
* _wOR;<II\IG AS MEDICAL OFFICER,

\_ 
\



MATTA NAVILA,

CI-LANNARAYAPATNA TALUK,
HASSAN DISTRICT. 
...RESPONDENT

(BY SR1 BB. BAJENTRI, ADV..}

THIS WP IS FILED UNDER ARTICLES .226
THE CONSTITUTION OF INDIA PRAYING TO..CAI,L–I1éOR
RECORDS FROM THE KARNATAKA.’ AD;V[IS’l”RATI”a{E I

TRIBUNAL IN APPLICATION NO.5:371/_f38«IETl_fC’1.’,” ‘-

THIS WP COMING ON _FOR’I>IiELIMINA:RY’ IIEIIRINO

THIS DAY, NAGARATHNA J TH INGZ9
The State the Order (it.

23.1.2009 patggsed Administrative

Tribunal afsv “T for short] in

App1i.;(;atIOI9iA’ filed this Writ Petition.

‘ “2… u’1″h.e_ Te1e\I’;1I1t facts of the Case are that during

respondent when he was working as

in the Primary Health Centre, Matta

Netvila’-I:i r1’Channarayapatna taluk, was issued a Charge

‘Iiiemevtttalleging that Ceztain aliowaéaces in respect Of

family planning operation not being paid to the

beneficiaries and also other charges such as maternity

allowances not being paid properly and

was working as a medical officer he ha_d..notvdilsbu1’se’d.V

allowance to 17 persons W]’10:;bAha:V”4€p’A

planning surgery. An enquiry wals.__initiat.e’d tlregtv

respondents and one Guriich_ann–abasappa;. The
enquiry officer conclude-:1 that;_th”e–..charge that maternity
allowance had A not been._ paid’ ” Sorekayipurada

Bhagramrnal-I 11:?’ been proved.

Thereafter”a..sinoW5’cau’se:’ notice Wasi issued to the

respondent V –andf~._ll'”subsequently punishment of

withholding’ _five,..’-annual increments with cumulative

was “in1poseVd;””With regard to enquiry held against

.’_Guruech’aniiabasappa punishment of censure was

in1p.ose_d.~ respondent herein being aggrieved by the

imposition of punishment, challenged the same

before the Tribunai. The Tribunal on consideration of

5?

W

the rival contentions, concluded that the enquiry had
not been conducted in accordance with law and that the

evidence on the basis of which the charges were

have been proved was only hearsay evidence

accordingly, set aside the punishrnent it ‘

the increments withheld be releas:e_ldt’to

and his pay shall be re~fi§{e_rj”‘within thi’r3e; V

the date of the order… ..BeinVg”aé’grileved theslaid order

and the direction, the _a_Sta.t.e*lihasltprefehrred this Writ

Petition.

_ .l the learned AGA and also the

learned tor respondent.

l’itV_:isV.contenlded on behalf of the petitioners

igpreliniinarylllenquiry had been conducted by the

Officer on the basis of the statement

reco__rdeci~in.~’ the said enquiry, disciplinary proceedings

were initiated and that there was sufficient material on

record for imposition of the penalty, but the Tribunal

has failed to appreciate this aspect of

Therefore, she contends that the order..of,.A4_theribunai.

has to be set aside and the pun_ishm.ent.’iniposed

be confirmed in this Writ Petitioni’

5. Per contra«,_.’v1:i’earifi1ec:ip’counsel appearing for the
respondent su,pporting’v»t1f1eVorderifdvof Tribunal has
submitted _en_tire_«– was based on
insuff”1ci’en’t » V on hearsay evidence.
Therefc-re,«.the~ justified in setting aside the

punvishment andV’.order”‘c1oes not call for any interference

Petition. He further submitted that the

ready to face any fresh enquiry, if

initiated~hy..-the Authorities concerned.
NV/’

6. Having heard the learned counsel on both

sides and on perusal of the material on recordgit is

noticed that the charges leveled against

were with regard to the non Mpaymeni.”v–o:f~..

allowance to one Smt. Sorekayipur:ad.é; and

non payment of family plazining allovvancelvtofuji~7,pe.rsons. L’

and other incidental chargesly-..ifihoughl preliminary
enquiry was conductedand. recorded in
the disciplinarye_nquiry’iriitia’Led_on’. lhlasis of the said
charges, ll not received the
amouvntslwfivigyv on the other hand, the
Officelrfivlrhol the preliminary enquiry

stated that-~o_n the basis” of the statements made to him

letitingllliriwthe evidence. The Tribunal rightly

the said evidence of the Officer was only

hearsay ~e_vi.s:ilence and was not sufficient to come to the

conclusion either that the amount was not paid to Smt.

Sorelkayipurada Bhagyamma or to other seventeen

is.

W/_ .//7

beneficiaries. In fact, none of the beneficiaries were

examined so as to prove that they have not received the

said amounts. In the circumstances, the ‘Ifri’b11u11al5i_1a~s

rightly held that the finding arrived? at

authority and the punishniient-..ifp.in’ipyo’sed-

disciplinary authority were u_nsus’t.ainable'”aridguashed:*

the same. We are in confiriniiy with the reasoning
given by the Tribu~nial_A ‘i_na:jsm’ucih_'”~as the requisite
material evidence of the’bene’ficiarie_s more not let in and

hence, based hearsay evid;e_nce,m”punishment could
not have Hovvever, since the Tribunal
has merely qL1.aslje.d”th’e«.order of punishment without

anypyfurther’direction; deem it proper, while affirming

‘order the ribunal to reserve liberty to the State

s…Aut’hoIii’ti.esVhltoiinitiate fresh enquiry in accordance with

law..__

ifliccordingly, Writ Petition is disposed of. Order of

Disciplinary Authority is set aside and the order of

/”E

)/.a/”‘

the Tribunai is modified to the extent of reserving liberty

to the concerned authorities to initiate fresh enquiry, -if

so advised.

..    .  'E 'V  .  

ENS