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2010 DIGILAW 194 (KAR)

H. Thiruka Jois v. State of Karnataka

2010-02-15

B.S.PATIL, V.GOPALA GOWDA

body2010
Judgment : In this writ petition, petitioner is challenging the order dated 22-1-2009 passed by the Karnataka Administrative Tribunal, Bangalore (hereinafter referred to as ‘the Tribunal’ for short), dismissing Application No.122 of 1999. 2. The grievance of the petitioner before the Tribunal was directed against the order passed by the Disciplinary Authority i.e., the Superintending Engineer, Bhadra Project Circle, treating the period of his absence from duty from 14-8-1981 to 22-11-1984 as leave without allowance as per Section 106-A of the Karnataka Civil Services Rules, 1958. 3. The Tribunal has held that the findings recorded by the Disciplinary Authority were unexceptional in that, as the petitioner did not report for duty to the transferred post and abstained from duty from 14-8-1981 to 22-11-1984, the said period was rightly treated as leave without allowance. 4. The contention of the petitioner is that he was not relieved of his duties on 14-8-1981 and therefore, there was no justification to hold that the petitioner abstained from duties from 14-8-1981. 5. The Disciplinary Authority and as also the Tribunal have clearly recorded a finding that posting was given to the petitioner by transferring him on 14-8-1981. One D.L. Hanumantha Rao, Second Division Clerk, was posted in his place and the said Hanumantha Rao reported for duty. If that was so, it was incumbent upon the petitioner to get himself relieved and report to the transferred post. He has not chosen to do so. Thereafter, petitioner had filed W.P.No.29885 of 1981, wherein he gave up the challenge made to the order of transfer and confined his prayer only to the payment of salary for the period when he was working in Malebennur. The writ petition was disposed of directing the Assistant Executive Engineer to disburse the salary of the petitioner for the period from 13-7-1981 to 14-8-1981. Even then, petitioner did not report for duty in the place of his posting and only after his promotion as First Division Clerk, he reported to duty in No.2 F.C. Chilakavadi on 23-1-1984. In these circumstances, the Tribunal has rightly held that the period from 14-8-1981 to 22-1-1984 was rightly treated as leave without allowance by the Disciplinary Authority. 6. We do not find any legal or valid ground to interfere with the order passed by the Tribunal. There being no merit in this writ petition, the same is therefore dismissed.