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2006 Supreme(Kar) 561

S.ABDUL NAZEER
B. N. DHOTRAD – Appellant
Versus
BOARD OF DIRECTORS/CUM-APPELLATE AUTHORITY, KARNATAKA LAND ARMY – Respondent


S. ABDUL NAZEER, J.

( 1 ) THE question for consideration in this writ petition is 'whether an Officer, holding a post on in-charge basis, can exercise the substantive powers of the post ?'

( 2 ) BRIEF facts of the case are as follows: petitioner was an Assistant Task Force Commander in the Karnataka Land Army Corporation limited (for short 'corporation'), a Government of Karnataka Public Sector Undertaking. When he was working in the office of the Assistant Director of the Corporation, Bijapur, certain charges of misuse of advance amount and materials and default in making payment to material suppliers were levelled against him. In this connection, the Managing Director who is also the disciplinary Authority had issued a show-cause notice on 16. 07. 1997. The Disciplinary authority passed an order dated 29. 03. 2000 (Annexure 'a') whereby three annual increments of the petitioner was with-held with cumulative effect and recovery of No. 4,72,892. 53 was directed against him. The petitioner preferred an appeal against the said order on 03. 05. 2000. The Board of Directors being the Appellate Authority by their Resolution dated 29. 12. 2000 (Annexure 'c'), rejected the appeal and an


















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