The Karnataka High Court allowed a writ petition filed under Articles 226 and 227 of the Constitution of India, seeking certain reliefs. The Court observed that the school records also do not show that the respondent had completed the fourth standard which is a qualification prescribed to the post to which the respondent was appointed.
Brief Facts:
The respondent submitted an application seeking an appointment for the post of Driver in the establishment of the Corporation, subject to confirmation of the genuineness of the Transfer Certificate furnished by him. Along with the application, he submitted the Transfer Certificate issued by the Government Primary School. A report dated 10.03.2005 was submitted by the Security Officer of the Corporation that the Transfer Certificate is not genuine. A detailed investigation was held and a report dated 20.06.2007 was submitted by the Security Officer of the Corporation holding that the Transfer Certificate is not genuine. Hence, the respondent was subjected to a departmental inquiry as the reply submitted by him was not satisfactory. The records were placed before the Disciplinary Authority for taking necessary action. Due to administrative reasons, the action could not be taken immediately. The Disciplinary Authority accepted the findings of the inquiry officer, and the respondent was dismissed from the service vide order dated 01.04.2015.
Aggrieved by the order of dismissal, the respondent raised a dispute under Section 10(4-A) of the Industrial Disputes Act before the III Addl. Labour Court. The Labour Court on an assessment of the evidence on record held that the order of dismissal is not justified and directed the Corporation to reinstate the respondent into service with continuity of service. It is this award that is called into question in this Writ Petition.
The Court noted that the issue revolves around securing an appointment by furnishing a fake Transfer Certificate. The qualification prescribed for the post of driver is a pass in the fourth standard. The respondent filed an application seeking appointment in the Corporation by furnishing the Transfer Certificate, which is alleged to have been issued by the Government Primary School.
The Court observed that it is a duplicate Transfer Certificate and the name is shown as Gopala son of Venkataramaiah., Column No.18 relates to the standard, and it is shown as the fourth standard. But the Transfer Certificate does not contain the T.C. Number. The school records also do not show that the respondent had completed the fourth standard which is a qualification prescribed to the post to which the respondent was appointed. It is relevant to note that in the admission register, there is an entry that the candidate left the school on 01.07.1973. Hence, it establishes that the respondent had studied only up to the second standard. However, the respondent secured the Transfer Certificate stating that he had studied up to the fourth standard which fact is not found in the admission records.
The Court said that the Labour Court has upheld the findings recorded by the inquiry officer that there is an alteration in the transfer certificate and the qualification of the fourth standard is not found in the records of the Corporation has erroneously gone ahead and chose to set aside the order of punishment which in my view is untenable. The conduct of the respondent is contrary to the terms and conditions of the employment. Hence, the Labour Court ought not to have interfered with the managerial decision of order of punishment while exercising power under the statute.
The decision of the Court:
The Karnataka High Court, allowing the petition, held that the award dated 18.08.2016 passed by the III Addl. Labour Court is quashed and the order of punishment dated 01.04.2015 passed by the Corporation is confirmed.
Case Title: Karnataka State Road Transport Corporation v Gopal
Coram: Hon’ble Justice Krishna S Dixit
Case no.: WRIT PETITION NO.19819 OF 2017 (L-KSRTC)
Advocate for the Petitioner: Ms. RENUKA H. R.
Advocate for the Respondents: Mr. M. C. Basavaraju
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