THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.365 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
13.11.2018 passed in W.P.No.7103 of 2011 by the learned
Single Judge.
The undisputed facts of the case reveal that respondent
No.1 before this Court in the present appeal i.e., Y.A.S.A. Vishnu Murthy and Ch. Koteshwar Rao were charge sheeted and as per the imputation of misconduct, it was alleged that Y.Vishnu Murthy has misrepresented the granddaughter of Ch. Koteshwar Rao as his daughter and got treated her. There was a common charge sheet and a joint enquiry took place in the matter. The enquiry officer, after conducting the enquiry, inflicted punishment to both the employees and they were awarded punishment of deferment of increment for a period of two years with cumulative effect. Both the employees approached the Labour Court and two cases were registered by the Labour Court. In one case, i.e., in the case of Ch. Koteshwar Rao i.e., I.D.No.39 of 2009, the Labour Court has held the enquiry to be bad in law and relief was granted to the charged official. However, in the case of Y.Vishnu Murthy, the same Labour Court on the basis of same set of evidence has upheld the enquiry to be proper. 2 Y.Vishnu Murthy, respondent in the present appeal, came up before this Court and the learned Single Judge has modified the punishment from stoppage of two increments for a period of two years with cumulative effect to that of stoppage of two increments for a period of two years without cumulative effect.
In the considered opinion of this Court, once co-charged employee, Ch. Koteshwar Rao, was given a clean chit by the Labour Court, this Court fails to understand as to how the same Labour Court in the same set of facts and circumstances based upon the same evidence has upheld the enquiry insofar as the respondent in the present writ appeal is concerned and therefore, keeping in view the totality of the circumstances of the case, this Court does not find any reason to interfere with the order passed by the learned Single Judge.
The writ appeal is accordingly dismissed. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 16.12.2021 ES