KSRTC workman dismissed for failing to issue tickets to nine passengers; Labour Court reduced the penalty to withholding of increments, but a Single Judge restored the dismissal citing past conduct. The Divisional Bench upheld the Single Judge's order and dismissed the workman's writ appeal.
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NC: 2024:KHC:7235-DB WA No. 1608 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA WRIT APPEAL NO. 1608 OF 2023 (L-KSRTC)
BETWEEN:
NAVEEN KUMAR M.R Digitally signed by YASHODHA N S/O RANGASWAMY AGED ABOUT 44 YEARS Location: HIGH COURT OF R/AT DOOR NO.632/13 KARNATAKA 2ND MAIN, B.M. SRINAGAR METAGALLI MYSORE-570 001 …APPELLANT
(BY SHRI. V.S. NAIK, ADVOCATE FOR SHRI. M.C. BASAVARAJU, ADVOCATE)
AND:
KARNATAKA STATE ROAD TRANSPORT CORPORATION MYSORE RURAL DIVISION MYSORE-570 015 BY ITS DIVISIONAL CONTROLLER REPRESENTED BY ITS CHIEF LAW OFFICER …RESPONDENT
(BY SMT. H.R. RENUKA, ADVOCATE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP No.56295/2017 DATED 29.11.2023 AND ETC.
THIS WRIT APPEAL, COMING ON FOR ORDERS , THIS DAY, CHIEF JUSTICE , DELIVERED THE FOLLOWING:
NC: 2024:KHC:7235-DB WA No. 1608 of 2023
JUDGMENT
This intra court appeal arises out of the order dated November 29th , 2023 passed by the Learned Single Judge in W.P.No. 56295/2017.
1 Karnataka State Road Transport Corporation
56295/2015. The writ petition was allowed and the order of Labour Court was set- aside. Hence, Naveen has preferred the instant appeal.
that:
the impugned order.
2 Not Issued Not Collected
NC: 2024:KHC:7235-DB WA No. 1608 of 2023
“…….The Labour Court has failed to take into consideration the past conduct of the respondent while evaluating the misconduct committed by him and this is contrary to the records. The disciplinary authority has taken into consideration the past conduct of the respondent while passing the order of dismissal. Needless to observe that taking note of the past conduct is a mandate requirement as per Regulation 25 of the KSRTC (Conduct & Discipline) Regulations, 1971. The disciplinary authority is justified in dismissing the petitioner from the service.
7. Furthermore, even after the reinstatement, the respondent is involved in almost eighteen cases of NINC. The past and present misconduct of the respondent would depict that he is not interested in discharging his duties diligently and carefully. The Labour Court has overlooked the misconduct and in particular the involvement of the respondent in almost one hundred and eighteen cases and simply proceeded to set-aside the order dismissal. This is unsustainable in law.”
No costs.
Sd/CHIEF JUSTICE
Sd/JUDGE
SPS List No.: 1 Sl No.: 36
1 issue framed by the court
Whether dismissal of a KSRTC driver-cum-conductor for non-issuance of tickets was proportionate given his past record of misconduct.
1 provisions across 1 enactments
Naveen Kumar M.R
Karnataka State Road Transport Corporation, Mysore Rural Division, Mysore
P.S.Dinesh Kumar
T.G. Shivashankare Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
