Apsrtc Now Tsrtc vs Y.A.S.A. Vishnu Murthy
2021 Latest Caselaw 4389 Tel

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


                  WRIT APPEAL No.365 of 2019

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




     The present writ appeal is arising out of order dated

13.11.2018 passed in W.P.No.7103 of 2011 by the learned

Single Judge.

     The undisputed facts of the case reveal that respondent

No.1 before this Court in the present appeal i.e., Y.A.S.A.

Vishnu Murthy and Ch. Koteshwar Rao were charge sheeted

and as per the imputation of misconduct, it was alleged that

Y.Vishnu Murthy has misrepresented the granddaughter of

Ch. Koteshwar Rao as his daughter and got treated her.

There was a common charge sheet and a joint enquiry took

place in the matter. The enquiry officer, after conducting the

enquiry, inflicted punishment to both the employees and they

were awarded punishment of deferment of increment for a

period of two years with cumulative effect. Both the

employees approached the Labour Court and two cases were

registered by the Labour Court. In one case, i.e., in the case

of Ch. Koteshwar Rao i.e., I.D.No.39 of 2009, the Labour

Court has held the enquiry to be bad in law and relief was

granted to the charged official. However, in the case of

Y.Vishnu Murthy, the same Labour Court on the basis of

same set of evidence has upheld the enquiry to be proper.

Y.Vishnu Murthy, respondent in the present appeal, came up

before this Court and the learned Single Judge has modified

the punishment from stoppage of two increments for a period

of two years with cumulative effect to that of stoppage of two

increments for a period of two years without cumulative

effect.

In the considered opinion of this Court, once co-charged

employee, Ch. Koteshwar Rao, was given a clean chit by the

Labour Court, this Court fails to understand as to how the

same Labour Court in the same set of facts and

circumstances based upon the same evidence has upheld the

enquiry insofar as the respondent in the present writ appeal

is concerned and therefore, keeping in view the totality of the

circumstances of the case, this Court does not find any

reason to interfere with the order passed by the learned

Single Judge.

The writ appeal is accordingly dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 16.12.2021 ES