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  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                               AND
          THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

                                 W.A.No.300 of 2019

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



        The present writ appeal is arising out of the order dated

06.09.2018 passed by the learned Single Judge in W.P.No.17486 of

2005.

        The     undisputed           facts       of      the      case       reveal   that     the

respondent/workman                 in       question          was        appointed        in   the

Corporation in 1986 and on 05.04.1998, the bus was checked by

the checking officials. Prima facie, it was found that there were

nine persons without tickets. The facts of the case also reveal that

the officers, who conducted the surprise check, were in drunken

condition at the time the check was carried out. However, in spite

of the aforesaid, a charge sheet was issued and thereafter, the

enquiry officer has held the respondent/workman guilty. An order

of removal from service was passed on 15.09.1998. An appeal was

also preferred and the same was also dismissed. The

respondent/workman approached the Industrial Tribunal, under

Section 11-A of the Industrial Disputes Act, without disputing the

domestic enquiry and the Tribunal passed an award dated

25.01.2002 disposing of the petition and affirming the order of

removal against which a writ petition was preferred i.e.,

W.P.No.13919 of 2002 and this court has remanded the matter

back to the Tribunal to re-consider it afresh in accordance with

law. The Tribunal has, thereafter, considered the matter afresh in

accordance with law. Some of the witnesses, who were examined,

have categorically stated that the checking officers were in

drunken condition. The Tribunal, after appreciation of evidence,

had arrived at a conclusion that the respondent/workman in

question has not committed misconduct and in those

circumstances, reinstatement was ordered with continuity of

service and full backwages but without attendant benefits. The

award passed by the Tribunal dated 04.05.2004 was again

challenged by the employer before this court and the learned

Single Judge has dismissed the writ petition.

This court has also carefully gone through the award passed

by the Tribunal as well as the order passed by the learned Single

Judge. The employer was not able to establish the misconduct

before the Tribunal and even the evidence came on record that the

checking officers, who have checked the respondent/workman,

were in drunken state. This court, in keeping in view the totality of

circumstances of the case, does not find any reason to interfere

with the order passed by the learned Single Judge as well as the

award passed by the Tribunal.

The writ appeal is accordingly dismissed.

Pending miscellaneous applications, if any, shall stand

closed.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 19.11.2021 JSU