Karnataka High Court
The Divisional Controller vs Sri K V Ravikumar on 30 May, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:18367
WP No. 57298 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 57298 OF 2018 (L-KSRTC)
BETWEEN:
THE DIVISIONAL CONTROLLER,
B.M.T.C., NORTH DIVISION,
YESHWANTHAPURA,
BENGALURU - 560 022.
HEREIN REPRESENTED BY
THE CHIEF LAW OFFICER,
B.M.T.C., CENTRAL OFFICES,
K.H.ROAD, SHANTHI NAGAR,
BENGALURU - 560 027.
...PETITIONER
(BY SRI.SANJEEV.B.L., ADVOCATE)
AND:
SRI. K.V.RAVIKUMAR
S/O LATE VEMANNA.K.L.,
AGED ABOUT 48 YEARS,
Digitally signed by R/O MITTEMAIR VILLAGE,
PREMCHANDRA
MR POST AND HOBLI, BAGAPALLI TALUK,
Location: High CHIKKABALLAPURA DISTRICT.
Court of Karnataka ...RESPONDENT
(BY SRI. SHANKARAPPA., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
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WP No. 57298 of 2018
ORDER
Sri.Sanjeev.B.L., learned counsel for the petitioner and
Sri.Shankarappa., learned counsel for the respondent have
appeared in person.
2. The brief facts are these:
The respondent was working as a Driver cum Conductor
in the establishment of the Corporation. The Chief Security and
Vigilance Officer submitted a report that the Gouribidanur Police
registered a case against the respondent in Crime No.16/2008
for the offences punishable under Sections 498(A), 323, 504
R/w 34 of IPC and Sections 3 & 4 of D.P Act. Based on the said
report, the disciplinary authority kept the respondent off duty
and issued Articles of charge on 16.06.2011 and initiated
inquiry against him. Based on the oral and documentary
evidence available on record, the Inquiry officer submitted his
findings holding that the respondent is guilty of charges leveled
against him. The Prl. Civil Judge and JMFC, Gouribidanur vide
Judgment dated 15.10.2015 in C.C.No.496/2009 sentenced the
respondent to undergo imprisonment. Hence, the Disciplinary
Authority, considering the seriousness of the charges proved in
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the inquiry and also taking into consideration the conviction of
the respondent in the above case, dismissed him from service
vide order dated:12.01.2016.
The respondent questioned the order of dismissal by
raising a dispute and the same came to be referred to the Prl.
Labour Court, Bengaluru in I.D No.08/2016 for adjudication.
The Labour Court held that the domestic inquiry conducted by
the Corporation was not fair and proper. The parties led
evidence on the merits of the case. The Labour Court vide
award dated:14.06.2018 allowed the claim petition in part and
set aside the order of punishment and directed the Corporation
to reinstate the respondent workman with continuity of service
without backwages and the continuity of service shall be
counted for the purpose of terminal benefits. It is this award
that is called into question in this Writ Petition on several
grounds as set-out in the Memorandum of Writ Petition.
3. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the Writ papers
with utmost care.
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4. Counsel Sri.Shankarappa., appearing on behalf of
the respondent in presenting his arguments submits that a
memo has been filed furnishing the certified copy of the final
order dated:06.02.2021 in Criminal Revision Petition
No.702/2015 along with connected cases, to contend that this
Court acquitted of the charges brought against the respondent.
Counsel therefore, submits that the memo may be placed on
record and appropriate order may be passed.
The oral submission made by learned counsel for the
respondent and the certified copy of the order is placed on
record.
A careful perusal of the order passed in Criminal Revision
Petition No.702/2015 along with connected cases reveals that
the respondent has been acquitted of the charges brought
against him.
5. Counsel Sri.Shankarappa., submits that this Court
vide order dated:07.03.2019 directed the corporation to
reinstate the respondent. He would further submit that the
respondent shall not claim backwages from the date of award
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till the actual date of reinstatement pursuant to the interim
order passed by this Court.
The oral submission made by learned counsel for the
respondent is placed on record.
In view of the subsequent development in the matter i.e.,
acquittal of the respondent of the charges brought against him,
I don't find any grounds to interfere with the award passed by
the Labour Court. The Award of the Labour Court insofar as
reinstatement with continuity of service without backwages is
confirmed.
6. Resultantly, the Writ Petition is disposed of.
Sd/-
JUDGE
MRP
