The Divisional Controller vs Sri M C Nanjundaswamy
2023 Latest Caselaw 1276 Kant

                                                  -1-
                                                         WA No. 1169 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 13TH DAY OF FEBRUARY 2023
                                               PRESENT
                            THE HON'BLE MR. JUSTICE ALOK ARADHE
                                                  AND
                          THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
                            WRIT APPEAL NO.1169 OF 2021 (L-KSRTC)
                   BETWEEN:
                   1.   THE DIVISIONAL CONTROLLER
                        KSRTC, MYSORE RURAL DIVISION
                        MYSORE-570001.
Digitally signed        NOW REPRESENTED BY
by RUPA V               ITS CHIEF LAW OFFICER
Location: High          KARNATAKA ROAD TRANSPORT
Court of
Karnataka               CORPORATION, CENTRAL OFFICES
                        SHANTHINAGAR, BENGALURU-560 027.

                                                                ...APPELLANT
                   (BY SRI. SANJEEV B.L. ADV.,)
                   AND:
                   1.   SRI. M.C. NANJUNDASWAMY
                        S/O CHENNABASAVAIAH
                        AGED ABOUT 65 YEARS
                        DRIVER
                        REPRESENTED BY THE VICE PRESIDENT
                        KSRTC WORKERS UNION (INTUC)
                        NO.357, 14TH MAIN, SARASWATHIPURAM
                        MYSORE-570 001.

                                                              ...RESPONDENT
                   (BY SRI. NAIK V.S. ADV.,)

                        THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
                   HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
                   02.02.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WP
                   NO.12126/2019 (L-K).
                           -2-
                                     WA No. 1169 of 2021




     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                      JUDGMENT

This intra Court appeal has been filed against the

order dated 02.02.2021 passed by the learned Single

Judge by which the writ petition preferred by the

Karnataka State Road Transport Corporation

(hereinafter referred to as 'the Corporation') has been

dismissed.

2. Facts giving rise to filing of this appeal briefly

stated are that the respondent who was employed as a

driver in the Corporation, was driving the vehicle on

23.06.2011 and on that day, an accident took place on

Saragur - Mysuru Road in which rider of an oncoming

motorcycle succumbed to the injuries and pillion rider

was also injured. The Corporation therefore initiated a

domestic enquiry against the respondent and found him

guilty in causing the road accident. Therefore, penalty

of deduction of basic pay in two states and treating the

WA No. 1169 of 2021

period of suspension as suspension, was imposed on

the respondent. The respondent challenged the

aforesaid order of penalty by raising a dispute before the

Industrial Tribunal. The Tribunal, by the impugned

award dated 31.01.2012, answered the reference in

favour of the respondent and set aside the penalty

imposed on him. The Corporation thereafter challenged

the aforesaid order in a writ petition which has been

dismissed by the learned Single Judge. In the aforesaid

factual background, this appeal arises for our

consideration.

3. Learned counsel for the appellant submitted

that the factum of accident is admitted by the

respondent and therefore, the Tribunal as well as the

learned Single Judge ought to have appreciated that

penalty was rightly imposed on the respondent.

WA No. 1169 of 2021

4. On the other hand, learned counsel for the

respondent submitted that the respondent has

superannuated from the services of the Corporation and

the finding of fact does not call for any interference in

this intra Court appeal.

5. We have considered the submissions made on

both sides and have perused the record. From perusal

of the award dated 02.01.2018, it is evident that the

Tribunal, on the basis of meticulous appreciation of

evidence on record, has recorded a finding that the

respondent was driving a bus in his own way and the

bike suddenly entered before the bus which caused the

accident. It was further been held that there was no

negligence on the part of the respondent in causing the

accident. The aforesaid finding is a finding of fact which

has not been demonstrated to be perverse. The

aforesaid finding has been upheld by the learned Single

Judge by an order dated 02.02.2021. The aforesaid

WA No. 1169 of 2021

concurrent finding of fact, in the absence of any

perversity, does not call for any interference in this intra

Court appeal.

Accordingly, the appeal fails and is hereby

dismissed.

Consequently, the pending interlocutory

application is also dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV