M B Siddalingappanavar vs Management Of Ksrtc
2023 Latest Caselaw 1304 Kant

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                                                         WA No.1384 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 14TH DAY OF FEBRUARY 2023
                                               PRESENT
                            THE HON'BLE MR. JUSTICE ALOK ARADHE
                                                 AND
                          THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
                            WRIT APPEAL NO.1384 OF 2021 (L-KSRTC)
                   BETWEEN:
                   1.   M.B. SIDDALINGAPPANAVAR
                        S/O BASAPPA
                        AGED ABOUT 63 YEARS
                        R/O BASAVESHWARA NILAYA
                        NEAR K.E.B. GRID, HALAGERI ROAD
                        RANEBENNUR, HAVERI DISTRICT 581126.
Digitally signed                                               ...APPELLANT
by RUPA V          (BY SRI. SHEKAR L, ADV.,)
Location: High
Court of           AND:
Karnataka
                   1.   MANAGEMENT OF KSRTC
                        DAVANAGERE DIVISION
                        DAVANAGERE
                        REPRESENTED BY ITS
                        DIVISIONAL CONTROLLER.

                        BOTH ARE REP. BY CHIEF LAW OFFICER
                        KSRTC CENTRAL OFFICE, K.H.ROAD
                        BENGALURU-560027.
                                                              ...RESPONDENT

                        THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
                   HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
                   PASSED BY THE HON'BLE LEARNED SINGLE JUDGE IN W.P.
                   NO.2104/2014    DATED    18.02.2021   CONSEQUENTIALLY
                   DISMISSED THE WRIT PETITION FILED BY RESPONDENT
                   CORPORATION. PASS SUCH OTHER RELIEF OR RELIEFS AS
                   THIS HON'BLE COURT MAY BE PLEASED TO GRANT IN THE
                   CIRCUMSTANCES     OF   THE   CASE    INCLUDING COSTS
                   THROUGHOUT.
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                                      WA No.1384 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 18.02.2021 passed by the learned Single

Judge in W..P.No.21044/2014 by which the writ

petition preferred by the respondent has been allowed

and the award dated 25.03.2013 passed by the

Industrial Tribunal, Hubli has been quashed.

2. Facts giving rise to filing of this appeal briefly

stated are that the appellant was on duty in a bus

bearing No.KA-10 F-6019 which was plying from Pune

to Davanagere. The aforesaid bus was inspected by the

checking officials at Kolhapur and during the course of

check, it was found that the appellant had failed to

issue three tickets of Rs.68/- and had not collected

amount from the passengers travelling from Pune to

Nippani. It is further averred that the appellant did not

issue one ticket of Rs.64/- to a child passenger.

WA No.1384 of 2021

Disciplinary proceeding was initiated against the

appellant and charge sheet was issued to him on

17.01.1997. The appellant filed reply to the charge

sheet and denied the charges levelled against him. The

Enquiry Officer was appointed who conducted an

enquiry and found that the charges levelled against the

appellant were proved. The Disciplinary Authority, by

an order dated 30.01.2022 imposed the penalty of

withholding of four annual increments with cumulative

effect.

3. The appellant raised an industrial dispute which

was referred for adjudication to the Industrial Tribunal.

The Tribunal, by an award dated 25.03.2013, inter alia

set aside the order of penalty withholding the

increments with cumulative effect and held that the

period of suspension of the appellant be treated as on

duty and further held that the appellant to be entitled to

all monetary benefits. The aforesaid award was

WA No.1384 of 2021

challenged by the Corporation in a writ petition which

was allowed by the learned Single Judge. In the

aforesaid factual background, this appeal has been

filed.

4. Learned counsel for the appellant submitted

that there was an inordinate delay in conclusion of the

departmental enquiry against the appellant. It was

further submitted that the impugned order passed by

the learned Single Judge is not sustainable.

5. We have considered the submissions made on

both sides and have perused the record. It is pertinent

to mention here that during the course of enquiry, the

appellant himself had submitted a letter dated

19.12.2001 and had admitted the charges which were

levelled against him. Thus, from the aforesaid

admission made by the appellant, the finding recorded

by the enquiry officer that the charges levelled against

WA No.1384 of 2021

the appellant have duly been proved, cannot but be

upheld. It is not the case of the appellant that the

punishment imposed on him is disproportionate. The

learned Single Judge, by assigning valid and cogent

reasons, has set aside the award dated 25.03.2013

passed by the Tribunal as the Tribunal has failed to

take into account the admission made by the appellant

himself.

For the aforementioned reasons, we do not find

any ground to differ with the view taken by the learned

Single Judge.

In the result, the appeal fails and is hereby

dismissed.

Sd/-

JUDGE

Sd/-

JUDGE RV