Gopala vs The Divisional Controller
2023 Latest Caselaw 7427 Kant

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                                                      NC: 2023:KHC:38554-DB
                                                         WA No. 1180 of 2023



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 31ST DAY OF OCTOBER, 2023

                                          PRESENT

                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                            AND

                          THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                          WRIT APPEAL NO. 1180 OF 2023 (L-KSRTC)

                   BETWEEN:

                   GOPALA,
                   S/O LATE AKALAPPA,
                   AGED ABOUT 45 YEARS,
                   R/A CHINNENA HALLI,
                   SOMESHWARA POST,
                   PERESANDRA VIA GUDIBANDE TALUK,
                   CHIKKABALLAPURA DISTRICT - 562 101.
                                                                 ...APPELLANT
                   (BY SRI. THIPPESWAMY J R., ADVOCATE FOR
                       SRI. M C BASAVARAJU.,ADVOCATE)

Digitally signed   AND:
by SHARADA
VANI B             THE DIVISIONAL CONTROLLER,
Location: HIGH     KSRTC, CHIKKABALLAPURA DIVISION,
COURT OF           CHIKKABALLAPURA 562 101.
KARNATAKA
                                                              ...RESPONDENT

                        THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
                   KARNATAKA HIGH COURT ACT PRAYING TO i) SET ASIDE THE
                   ORDER OF THE LEARNED SINGLE JDUGE PASSED IN WP No.
                   51946/2016 DATED 19.03.2021 IN SO FAR AS DENIAL OF ONE
                   INCREMENT WITH CUMULATIVE EFFECT AND RECOVERY OF
                   ONE MONTH SALARY IS CONCERNED (MODIFICATION OF
                   PUNISHMENT ORDER DATED 29.09.2012) AND ii) GRANT SUCH
                   OTHER RELIEF OR RELIEFs AS THIS HONBLE COURT MAY DEEM
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                                      NC: 2023:KHC:38554-DB
                                       WA No. 1180 of 2023



FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCE OF THE
CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:

                       JUDGMENT

This intra-court appeal by the workman seeks to call

in question a learned Single Judge's order dated 19.3.2021

whereby, his W.P.No.51946/2016 (L-KSRTC) having been

favoured, the disciplinary penalty has been reduced i.e.,

the withholding of two annual increments with cumulative

effect has been scaled down to withholding of one single

increment and the direction for the recovery of one month

salary has also been set at naught.

2. Learned counsel for the appellant argues that

the learned Single Judge has erred in not quashing the

penalty order in its entirety, regard being had to the fact

matrix of the case and therefore, our indulgence is

eminently warranted. However, we are not convinced of

this submission inasmuch as the guilt is proved and

whatever penalty imposed by the Disciplinary Authority

NC: 2023:KHC:38554-DB WA No. 1180 of 2023

has been rightly scaled down as discussed above.

Ordinarily, what penalty should be awarded lies in the

domain of the employer. However, in the fitness of things,

learned Single Judge has granted reprieve in his

discretion. Such orders do not merit interference in

appeal. Added, such an appeal is not maintainable in the

light of a Seven Judge's Bench decision in TAMMANNA

vs. RENUKA, 2009 SCC OnLine Kar 123.

In view of the above, the appeal being devoid of

merits, is liable to be & accordingly dismissed, costs

having been made easy.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

cbc