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Karnataka High Court
Devendrappa M.H. - Appellant
Versus
Karnataka State Small Industries Development Corporation - Respondent
Decided On : 11-10-87
VIOLATION - Departmental Enquiry - Rule 22 of the Service Rules of the Corporation - Mis-management, political activities, and detrimental actions - Sections 22, 44th Amendment of the Constitution
Fact of the Case:
The petitioner faced charges in a departmental enquiry for addressing the Governor directly and issuing a press statement, both deemed as misconduct. The petitioner contended that his actions were justified as the President of the Karnataka State Small Industries Development Corporation Welfare Association.
Finding of the Court:
The court found that the petitioner's actions violated Rule 22 of the Service Rules of the Corporation, and the charges against the petitioner were proved. The court also noted that the petitioner's refusal to participate in the enquiry did not result in prejudice.
Issues: The issues included the validity of the charges, the petitioner's justification for his actions, and the fairness of the enquiry proceedings.
Ratio Decidendi: The court held that the petitioner's status as an office bearer of the Union did not grant him immunity from the charges, and the non-furnishing of the enquiry report did not vitiate the findings. The court also found the appellate order to be valid and upheld the imposed punishment as not excessive.
Final Decision: The writ petition was dismissed, and the rule was discharged.
( 1 ) TWO main charges amongst others framed against the petitioner in a departmental enquiry were :- "1. Mr. M. H. Devendrappa, has written a letter dated 3-6-77 directly to the Governor of Karnataka pointing out the mis-management in ksidc. Being an employee of the corporation, he cannot address letter to the Government or Governor directly without permission of the Management, which amounts 10 violation of Rule 22 of the Service Rules of the Corporation, viz. , 'mis-conduct, knowingly done things detrimental to the interest and prestige of the Corporation'.
( 2 ) SRI M. H. Devendrappa, has issued a press statement in SAMYUKTHA karnataka, Kannada Daily dated 31 12-77 attributing motives to the then Chairman Mr. S. C. Venkatesh and welcoming his dismissal from the presidentship of Bangalore District congress Committee. Being an employee of the Corporation, he cannot issue a press statement of political nature or indulge in political activities, which amounts to gross mis-conduct, mis-behaviour and knowingly committed things detrimental to the interest or prestige of the Corporation. " 2. in written statement petitioner contended that whatever he has done/ uttered, has been done as a President of karnataka State Small Industries Development Corporation Welfare Association ; justified contents of Memorandum citing sri Umashankar Dixit, Ex-Governor of karnataka, Sri Govindanarayan, Governor of Karnataka and Sri K. S. N. Murthy, Sri n. A. Muttanna, Sri William Nazareth, Sri s. C. Venkatesh, Sri R S. Halepet, sri T M. Mariyappa, Sri M. P. Hanumanthe gowda, Ex-Chairman, Ex-Managing directors, Ex-Accounts Officers and senior Assistants, so on, as his witnesses.
( 3 ) RELEVANT portion of memorandum submitted to Governor reads thus:-"the Association brought to the notice of the management of the corporation its laches and administration and other such things at an early state, but however, it is all in vain. Therefore, it is honestly felt to bring to your kind notice : a) Several persons are being appointed in the Corporation who are inefficient and unqualified at the instance of the political leaders and ministeres : i) For instance Sri Kariguddaiah, lecturer in technical education Board on deputation to this Corporaiion as junior Engineer, but de facto working as Assistant Engineer in Corporation. He has been sought to be absorbed as permanent Assistant Engineer of Corporation at the instance of Sri S. M. Krishna, the Hon'ble Minister for industries and Parliamentary affairs. ii) Though the Corporation has appointed a design Engineer in 1973 his services have not been utilised and no design section has been opened. It is not known how his services are being utilised by this Corporation. iii) Unqualified persons like tracers and draughtsmen for execution of the works and services of qualified persons are not being utilised. B) Before undertaking any works, which involves the expenditure of Crores of Rupees, it is necessary to have complete plans in hand having regard to the nature of the work, the proposed production and money to be invested. To illustrate the above point, it is necessary to state that the Corporation in order to place a particular contract or has started execution of additional wofk of industrial estate Peenya II stage, the same contractor was the contractor for Major works in Peenya first Stage. On 23-3-1977 itself the corporation called for the tenders, for road works without even taking the possession of the land from M/s. Karna- taka Industrial Areas Development board. The possession of the land was taken on 9-5-1977. On 30-3-1977 the Corporation called for lenders for the construction of 40-A' type sheds, curiously enough the plan was approved on 24-5-1977 by the chief Manager, C and M (Superintending engineer ). The P. W. D. Code (Vol. I) provides the procedure for taking up new projects. The question of inviting tenders will arise only after the project as approved by the administration and
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