Karnataka High Court
Credit: DH Photo
Bengaluru: The High Court of Karnataka has upheld the dismissal of an employee of the state-owned Karnataka Soaps and Detergents Limited (KSDL) for failing to disclose his termination from previous employment.
A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi noted that the KSDL’s appointment letter to B R Chaluvaraj, Junior Officer (Production and Maintenance), clearly indicated that it was on the condition that he had not been dismissed as an employee of a government/semi-government/private institution.
Chaluvaraj, a resident of Mandya, had moved the division bench after a single bench dismissed his petition against dismissal.
The KSDL appointed him on May 26, 2014, and made enquiries with the police authorities under Rule 10 of the Karnataka Civil Services (General Recruitment) Rules, 1977, for obtaining the conduct and antecedent report.
Police informed KSDL that Chaluaraj was dismissed from Raithara Vyavasayothpanna Maaraata Sahakara Sangha Niyamitha, Mandya, on December 10, 2011, on allegations of misappropriating Rs 11,56,866. A charge sheet was also filed against him under IPC Section 408 in a court in Mandya.
After seeking his explanation, the disciplinary authority on January 21, 2015, released him from the post of Junior Officer with immediate effect.
After rounds of litigation before the high court challenging the action, the KSDL constituted a fresh enquiry with fresh articles of charges, including the allegations pertaining to the disciplinary proceedings initiated by the society in Mandya.
This report, submitted in April 2019, said that the charges were proven. Meanwhile, the high court quashed the criminal proceedings against Chaluvaraj in a separate proceeding. Ultimately, on June 14, 2019, the KSDL terminated him from service.
Chaluavaraj contended before the division bench that since the first inquiry officer held that charges were not proved, it was not open for KSDL to institute a fresh enquiry on the same charges.
The division bench noted that the material had established that Chaluvaraj was dismissed by the society in 2011 based on an inquiry report.
“The appellant (Chaluvaraj) was fully aware that once he had been dismissed from services, he would not be eligible for government employment. However, he had suppressed his dismissal while applying for the post ofJunior Officer (P&M) in KSDL. The Inquiry Officer had found that the allegation of suppression of material facts was established and the allegations made in the Articles of Charges were proved,” it said.
The bench further said, “Since there is no dispute that the appellant had been dismissed as an employee of the society prior to his appointment with KSDL on the allegation of misappropriation of a sum of RS 11,56,866, the appellant’s appointment was liable to be cancelled. The fact that he had been dismissed from service was a material fact that was required to be disclosed. The appellant’s appointment was conditional on his not being terminated from service by his previous employer.”