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2023 Supreme(Kar) 1028

JYOTI MULIMANI
Divisional Controller – Appellant
Versus
Mukunda H R – Respondent


Advocates appeared:
H.R.Renuka, Advocate, Hareesh Bhandary T., Advocate, M.C.Basavaraj, Advocate

JUDGMENT

1. Smt.H.R.Renuka., learned counsel on behalf of Sri.Hareesh Bhandary.T., for the petitioner and Sri.M.C.Basavaraj., learned counsel for the respondent have appeared in person.

2. The brief facts are these:

The respondent was appointed and working as a Driver in the establishment of the Corporation. He remained absent unauthorizedly without submitting leave letter or obtaining prior permission from 16/6/2011 onwards till 20/6/2013. The Assistant Transport Inspector taking note of the unauthorized absent, submitted a report to the Depot Manager on 26/7/2011. On 27/7/2011, a call notice was issued to the respondent calling upon him to report to duty. The Depot Manager submitted a detailed report to the Superiors of the Corporation on 7/8/2011. Based on the Depot Manager's report, Articles of charge was issued along with imputation, documents, list of witnesses. The disciplinary authority appointed an inquiry officer. The inquiry officer submitted his findings holding that the charges are proved. The disciplinary authority issued second show cause notice. The disciplinary authority considering the domestic inquiry report, materials and the past conduct of the respondent, dismi

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