Allowed

Yallappa S/O Annappa Bhajantri v. the Management of

Karnataka HC14 Sept 2012WP/65500/2012

Case brief

AI extract

What is this about?

In this writ petition, the High Court set aside a tribunal-affirmed dismissal order allowing the petitioner's reinstatement but directing a new inquiry on charges without granting back wages.

What did the court decide?

Set aside dismissal order, directed reinstatement of the petitioner to his original post within two months with future service continuity but without back wages.

Yallappa S/O Annappa Bhajantri Vs the… — Pension and Retirement Benefits | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA

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CIRCUIT BENCH AT DHARWAD

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Dated this the 14^th day of September, 2012

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Before

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THE HON’BLE MR JUSTICE HULUVADI G RAMESH

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Writ Petition 65500 / 2012 ( L KSRTC)

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Between:

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Sri Yallappa S/o Annappa Bhajantri 39 yrs, R/o C/o Moulasab Hattikonda Plot, KFIL II Cross 9^th Ward, S L Chouk, Hospet Bellary District

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Petitioner

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(By Sri M H Bhat, Adv.)

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And :

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Management of NEKRTC Hubli Division By its Divisional Controller Bellary Division, Bellary Respondent

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(By Sri Shivakumar S Badawadagi, Adv.)

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The Petition is filed under Art. 226/227 of the Constitution praying to quash annexure D dated 14.9.2011 in KID 42/2011by the Labour Court, Hubli.

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The Petition coming on for preliminary hearing this day, the Court made the following:

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ORDER

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Petitioner, a Conductor appointed in the year 2002 was dismissed on 17.3.2009, after inquiry alleging misconduct of non-issuance of tickets to seven passengers. However, in the dispute raised, the Tribunal dismissed the dispute affirming the order of dismissal against which, petitioner is before this Court.

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After the matter has been referred to the Tribunal to give a finding as to whether the inquiry held is fair and proper, pending disposal of the same, order of dismissal passed by the disciplinary authority has been confirmed by the Tribunal.

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Without there being prior permission of the Tribunal, the order of dismissal appears to be bad in law as is held by the Apex Court in the case of Jaipur Zilla Sahakari Bhoomi Vikas Bank Ltd Vs Ram Gopal Sharma – AIR 2002 SC 643.

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In that view of the matter, the order of dismissal is set aside. The respondent is directed to reinstate the petitioner to

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his original post of Conductor in two months, with continuity of service for the purpose of calculating terminal benefits, however, without back wages. Regarding punishment, separate inquiry be held before the appropriate forum.

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Petition is disposed of.

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Sd/- Judge

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Yallappa S/O Annappa Bhajantri v. the Management of

Case brief

What is this about?

What did the court decide?

Yallappa S/O Annappa Bhajantri v. the Management of

Case brief

What is this about?

What did the court decide?

What the court decided

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