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2013 Supreme(Kar) 484

L.NARAYANA SWAMY
T. Bhaskar – Appellant
Versus
Karnataka Power Transmission Corporation Limited represented by its Managing Director – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S. Subramanya Jai, Sr. Counsel for K.C. Shantakumar, Advocate.
For the Respondents:R1, P.S. Dinesh Kumar, Advocate, R2, Served.

Judgment :

1. Enquiry initiated against the petitioner, which has resulted in enquiry report as per Annexures-H and punishment order as per Annexure-J have been challenged and sought for quashing the same.

2. The respondent framed 13 charges against the petitioner. The enquiry officer was appointed and enquiry officer by his report dated 11.10.2010, exonerated the petitioner from all the 13 charges. Disagreeing with the same on the ground that he has not given a detail reason, the enquiry officer was further asked to give detailed order in the form of enquiry report. As a result enquiry officer in his second enquiry report as per Annexure-J dated 25.10.2010 again as per the report exonerated the petitioner from all the charges. The Disciplinary Authority disagreeing with the enquiry report issued a show cause notice to the petitioner on 02.11.2010 and passed an order on 08.03.2013. In Annexure-A, the petitioner has been punished by withholding 3 increments with cumulative effect and suspension period was directed to be treated as leave without salary.

3. The learned counsel for the petitioner submits that the impugned action on the part of the second respondent who is the Discipli










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