A KSRTC driver dismissed for producing a fake transfer certificate to secure employment challenged the Labour Court award upholding his dismissal. The High Court found the appointment vitiated by fraud and forgery, held Section 11A discretion unavailable, and confirmed the award dismissing the petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF FEBRUARY, 2024
BEFORE
THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION No.26779/2018 (L-KSRTC)
BETWEEN:
BALAPPA S/O. LATE P. PAPANNA, AGED ABOUT 51 YEARS, R/AT TUMAKUNTE, PERESANDRA POST-562 102, CHIKKABALLAPURA TALUK AND DISTRICT. ... PETITIONER
(BY SRI BALARAJ M.V., ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY, KSRTC, CHIKKABALLAPURA DIVISION, CHIKKABALLAPURA – 562 101. ... RESPONDENT
(BY SMT. H.R. RENUKA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED AWARD PASSED BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKABALLAPURA IN ID.NO.41/2016 DATED 28.03.2018 VIDE ANNEXURE-B TO THIS WRIT PETITION AND; DIRECT THE RESPONDENT TO REINSTATE THE PETITIONER INTO SERVICE WITH CONTINUITY OF SERVICE AND ALL OTHER CONSEQUENTIAL BENEFITS INCLUDING BACK WAGES FROM THE DATE OF DISMISSAL TILL THE DATE OF REINSTATEMENT.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 17/01/2024 FOR ORDERS AND COMING FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
O R D E R
The petitioner – workman was appointed as a driver on 24/04/1998 by the respondent – Corporation submitted a
Transfer Certificate certifying that he studied upto 4th standard at Government Primary School, Boinahalli Chikkaballapur Taluk and District, having admitted in the said school in the year 1991-92 with his Admission No.10/75-76.
alleging that the workman has submitted bogus transfer certificate along with other documents at the time of appointment and had obtained job in the Corporation, Disciplinary Authority ordered for investigation and appointed Security and Vigilance Officer to conduct investigation and to submit a report. Accordingly, one G.N.Lingaraju Security and Vigilance Officer, investigated the documents submitted by the workman, and submitted a detailed report along with the connected, supportive documents to the Disciplinary Authority. As per the investigation report, the workman had
submitted bogus transfer certificate at the time of
appointment along with other documents.
submitted by the investigating officer, issued articles of charges, reply was submitted by the workman, being dissatisfied with the reply, the Corporation appointed Enquiry Officer to enquire into the charges leveled against the workman. The Enquiry Officer conducted preliminary enquiry and held that the workman was not guilty of the charges leveled against him. The Divisional Security Inspector again conducted reinvestigation and submitted a detailed report along with relevant documentation holding that the workman attended the Government school only till 2nd standard and has not studied upto 4th standard, and further gave a finding that at the time of getting the transfer letter, the workman along with his head teacher had submitted a report that he had obtained the post of driver by amending the documents to show that he has attended the 4th standard and passed in the same school and submitted the same to the Corporation.
An enquiry was conducted on the basis of the said report. The enquiry resolution was submitted stating that, the allegation against the workman has been proved by a comprehensive enquiry. The serious allegation against the workman in the case is that “you along with the school Head Master had submitted the fake documents to the institution to show that you have studied 4th standard and passed and having been selected/recruited for the post of the driver and have defrauded the institution is ineligible to be an employer of the institution.” The material facts clearly indicate that the very appointment to the post is vitiated by fraud, forgery and it would necessarily follow that no constitutional rights occur to the petitioner. The Disciplinary Authority passed the order of dismissal on the ground of the fake certificate having submitted to the Corporation for his appointment.
Certificate produced by the workman is perfectly accurate, genuine and the same is unquestionable one. It is further contended that some minor mistakes have been crept in, which cannot be stated as intentional or deliberate, the said mistakes were due to oversight, by the Transfer Certificate issuing authority and by the said mistake the petitioner had not been put to gain anything.
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suffer from any infirmity and perversity and the order of imposing of punishment is not disproportionate to the misconduct alleged.
petitioner – workman and Smt. H.R.Renuka, learned counsel for the respondent – Corporation.
for the fake Transfer Certificate produced for obtaining the employment in the Corporation. The qualification required for the appointment of driver was 4th standard. The Disciplinary Authority, on receipt of a complaint about the fake certificate submitted by the workman, held an enquiry. The Divisional Safety Inspector who conducted re-investigation submitted a detailed report along with relevant documentation and sent a report stating that the workman had only attended second class in the said school and he has not studied after 4th standard as stated in the Transfer Certificate and the Transfer Certificate produced to the institution is a fake certificate. The enquiry conducted by the Disciplinary Authority was in detail and considered the evidence and material on record. The Labour Court on the fact finding has assessed the entire evidence and the material placed before it and has arrived at a conclusion that the workman has produced a fake certificate for securing appointment in the institution. The workman having defrauded the institution, is
ineligible to be an employee of the institution. The material facts clearly indicate that the very appointment to the post is vitiated by fraud, forgery and it would necessarily follow that no constitutional right occur to the petitioner-workman. The Apex Court in the recent decision in the case of Employers
in Relation to the Management of Bhalgora Area (Now Kustore Area) of Bharat Cocking Coal Limited vs. Workman being represented by Janta Mazdoor Sangh1 at para No.18 has held as under:
“18. Fraudulent practice to gain public employment cannot be countenanced to be permitted by a court of law. The workmen here, having hoodwinked the government undertaking in a fraudulent manner, must be prevented from enjoying the fruits of their ill-gotten advantage. The sanctity of public employment, as a measure of social welfare and a significant source of social mobility, must be protected against such fraudulent process which manipulates and corrupts the selection process. Employment schemes floated by the State for targeted groups, can absorb a finite number of workmen. To abuse the legitimate process therefore, would mean
1 (2021) 10 SCC 717
deprivation of employment benefits to rightful beneficiaries. The Courts as sentinel of justice must strive to ensure that such employment programmes are not manipulated by deceitful middlemen, thereby setting up a parallel mechanism of Faustian Bargain. Often, desperate job aspirants resort to such measures to compete for limited vacancies, but this Court cannot condone false projections so as to circumvent the statutorily prescribed procedure for appointments. Such illegal practices must be interdicted by the Courts.”
was unavailable in the present facts and circumstances of the case, more particularly when the appointment was based on the fraud played on the employer, the act of the workman is to abuse the legitimate process, which means deprivation of employment benefit to rightful beneficiary. Legitimacy of appointment cannot be equated with the fraudulent factors to gain public appointment. Act of fraud constitutes misconduct of serious nature warranting the penalty of dismissal.
considered view that the impugned order passed by the
Labour Court does not warrant any interference by this Court
and accordingly, this Court pass the following:
ORDER
confirmed.
SD/JUDGE
S*
2 issues framed by the court
Whether the workman secured employment as a driver by submitting a fake Transfer Certificate and whether his dismissal was justified.
Whether the Labour Court's award upholding dismissal warranted interference under Article 226.
Colour shows how this judgement treated each authority
3 provisions across 2 enactments
Balappa S/o Late P. Papanna
The Divisional Controller and Disciplinary Authority, KSRTC, Chikkaballapura Division
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
