The Depot Manager vs S.G.Moinuddin, And Another
2021 Latest Caselaw 3782 Tel

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



                 WRIT APPEAL No.711 of 2019


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


     The present writ appeal is arising out of the order

dated 22.01.2019 passed by the learned Single Judge in

W.P.No.23248 of 2005.

     The undisputed facts of the case reveal that the

respondent No.1 was appointed as Conductor in the year

1973 and he was charge sheeted on account of erroneous

feeding in the computer and misplacing the way bill.

After conducting an enquiry, a show cause notice was

issued on 31.08.2001 seeking his reply. At that stage, he

preferred a writ petition before this Court in

W.P.No.20801 of 2001. A final order was passed by the

Corporation on 07.12.2001 removing him from service

and the same was subjected to judicial scrutiny. The

respondent No.1 approached the Industrial Tribunal

under Section 2A(2) of the Industrial Disputes Act, and

the Industrial Tribunal has passed an award setting

aside the order of removal and directing reinstatement of

the respondent No.1 with continuity of service and with

25% back wages. The award was passed on 05.02.2005

against which, the writ petition was preferred and the

learned Single Judge has dismissed the writ petition.

The award, which is on record, reflects that there

was no intention to deceive the Corporation and after

appreciating the evidence, the Industrial Tribunal has set

aside the punishment of removal.

This Court after careful consideration of the award

passed by the Industrial Tribunal and the order passed

by the learned Single Judge and also keeping in view the

fact that no illegality or irregularity has been pointed out

in the award, does not find reason to interfere with the

order passed by the learned Single Judge.

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

___________________________ A.RAJASHEKER REDDY, J 25.11.2021 vs