THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.711 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order
dated 22.01.2019 passed by the learned Single Judge in
W.P.No.23248 of 2005.
The undisputed facts of the case reveal that the
respondent No.1 was appointed as Conductor in the year
1973 and he was charge sheeted on account of erroneous feeding in the computer and misplacing the way bill. After conducting an enquiry, a show cause notice was issued on 31.08.2001 seeking his reply. At that stage, he preferred a writ petition before this Court in W.P.No.20801 of 2001. A final order was passed by the Corporation on 07.12.2001 removing him from service and the same was subjected to judicial scrutiny. The respondent No.1 approached the Industrial Tribunal under Section 2A(2) of the Industrial Disputes Act, and the Industrial Tribunal has passed an award setting aside the order of removal and directing reinstatement of the respondent No.1 with continuity of service and with 25% back wages. The award was passed on 05.02.2005 2 against which, the writ petition was preferred and the learned Single Judge has dismissed the writ petition.
The award, which is on record, reflects that there was no intention to deceive the Corporation and after appreciating the evidence, the Industrial Tribunal has set aside the punishment of removal.
This Court after careful consideration of the award passed by the Industrial Tribunal and the order passed by the learned Single Judge and also keeping in view the fact that no illegality or irregularity has been pointed out in the award, does not find reason to interfere with the order passed by the learned Single Judge.
The writ appeal is accordingly dismissed. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 25.11.2021 vs