The Divisional Controller K.S.R.T.C. challenged an Industrial Tribunal award setting aside a punishment order for a workman found with excess money. The Court rejected the challenge, ruling that since the Tribunal found the disciplinary authority failed to comply with statutory requirements, the award was correct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 32255 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.32255 OF 2017 (L-KSRTC)
BETWEEN:
THE DIVISIONAL CONTROLLER K.S.R.T.C. BENGALURU CENTRAL DIVISION SHANTHINGAR, BENGALURU-560027 HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, K.S.R.T.C. CENTRAL OFFICES, K.H. ROAD, SHANTHI NAGAR, BANGALORE-560 027
…PETITIONER
(BY SRI. SANJEEV B L., ADVOCATE)
AND:
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
BENGALURU CENTRAL DIVISION MAZDOOR SANGHA (R), BMS OFFICE, 458, OTC ROAD, COTTONPET, BENGALURU-560 053 REP BY ITS PRESIDENT
…RESPONDENT (BY SRI.HARSHA.G., ADVOCATE FOR SMT. R. RADHA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF THE PROCEEDINGS OF THE INDUSTRIAL TRIBUNAL, BENGALURU
WP No. 32255 of 2017
PERTAINING TO I.D.NO.73/2011 WHICH HAS CULMINATED IN ITS AWARD DTD: 28.12.2016 PRODUCED AT ANNEXURE-C AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
this Court seeking for the following reliefs:
WP No. 32255 of 2017
Mysore, the officials of the checking squad checked the said bus at Mysore and it was found that the workman was in possession of uncertified excess amount of Rs.302/- as regards which he failed to provide a proper explanation.
three years.
WP No. 32255 of 2017
WP No. 32255 of 2017
sum of Rs.302/found in his possession is unaccounted for and it would only lead to a conclusion that the said amount has been collected by him without issuing necessary tickets. The same causes financial losses to the Road Transport Corporation and as such, the Disciplinary Authority was justified in imposing the punishment that was imposed and the Industrial Tribunal ought not to have set aside the said punishment.
WP No. 32255 of 2017
Regulations, 1971 (for short, ‘Regulations, 1971’) inasmuch as the quantum of punishment which had been imposed does not comply with the mandate of Regulation 25 of Regulations, 1971 and there being no justification for such a punishment to be imposed as found in the order passed by the Disciplinary Authority, the Tribunal has rightly come to a conclusion that the punishment imposed is not sustainable in law and as such, he submits that there are no grounds which have been made out in the Writ Petition and the petition is liable to be dismissed.
WP No. 32255 of 2017
25. Circumstances to be taken into consideration for imposition of penalties: - Without prejudice to the provisions of any law for the time being in force any Corporation servant who is found guilty of any act of misconduct or misbehavior shall be liable to one or more of the penalties specified in Regulation-18 according to the gravity of the misconduct or misbehavior and also on his past record.
WP No. 32255 of 2017
or misbehavior as also the past record is required to be considered.
WP No. 32255 of 2017
Sd/JUDGE
PRS
List No.: 2 Sl No.: 7
3 issues framed by the court
Whether the Disciplinary Authority followed Regulation 25 of the Karnataka State Road Transport Corporation Servants (Conduct & Discipline) Regulations, 1971 while imposing punishment.
Whether the Industrial Tribunal's award quashing the punishment order was legally sustainable.
Whether the Writ Petition should be allowed to challenge the Tribunal's award.
K.S.R.T.C.
BMSMAZDOOR SANGHA
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
