A.P.S.R.T.C, Now Tsrtc vs Syed Babu
2021 Latest Caselaw 4068 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
            THE HON'BLE SRI JUSTICE N. TUKARAMJI


                  WRIT APPEAL No.444 of 2019


JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of the order

dated 26.12.2018 passed by the learned Single Judge in

W.P.No.26859 of 2008.

     The facts of the case reveal that the respondent

No.1/employee in question, on account of cash and ticket

irregularities, was subjected to disciplinary proceedings

and finally a charge sheet was issued on 25.09.1993. He

was removed from service on 10.08.1993. The appeal

preferred against the said order was rejected on

21.02.1994 and thereafter, he preferred a review petition

and by order dated 05.11.1994, he was reinstated into

service with minimum pay scale but without continuity of

service and back wages. The matter travelled to the

Labour Court and the Labour Court dismissed the

Industrial Dispute preferred by the employee by an order

dated 11.08.2008, against which the writ petition was

preferred before this Court. The learned Single Judge, as

continuity of service has not been granted, has remanded

the matter back to the revisional authority. Meaning

thereby, in respect of quantum of punishment, the

matter has been remanded back to the revisional

authority.

As the matter has only been remanded back to the

revisional authority and also keeping in view the fact that

the entire service has been forfeited, this Court is of the

considered opinion that no case for interference is made

out in the peculiar facts and circumstances of the case.

Resultantly, the admission is declined and the writ

appeal is accordingly dismissed. The miscellaneous

applications pending in this writ appeal, if any, shall

stand closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ N. TUKARAMJI, J 01.12.2021 vs