Judgment

UNTWALIA, J.

( 1 ) THE Common and the only question which falls for determination in all these appeals is whether the respondents, the employees of the Mysore State Road Transport Corporation, were validly discharged from service by the appellant. The cases have a chequered history. We shall briefly state the facts of Civil Appeal No. 317/71 arising our of Writ Petition No. 94/1966.

( 2 ) RESPONDENT No. 1 was recruited as a Conductor on 26-2-1962 by the Divisional Controller, Mysore State Road Transport Corporation, Mysore Division. A disciplinary proceeding was initiated against him for some alleged misconduct or misdemeanour resulting in his dismissal from service by order D/- 29-10-1964 made by the Divisional Controller, Mysore Division. The appeal filed by respondent No. 1 before the General Manager at Bangalore was dismissed. He, thereupon filed a writ petition in the Karnataka High Court which was allowed on 16-10-1968. The appellant came up in appeal to this Court. The appeal was allowed and the matter was remanded back to the High Court. After remand the High Court has reiterated its earlier view and has allowed the writ application mainly on the ground that the order of dismissal was not made by the appropriate authority. Hence this appeal by special leave. The facts of the other appeals are similar.

( 3 ) THE erstwhile State of Mysore was running on monopoly basis certain transport services on specified routes. The conduct and management of the same was being looked after by a Department of the State Government called the Mysore Government Road Transport Department (MGRTD ). At that point of time within the city of Bangalore and the surrounding areas within a distance of about 10 miles from the city limits the transport business of running the buses was being carried on by a Company known as the Bangalore Transport Company. The business of the Company was nationalised on and from 1-10-1956. The management of the nationalised business was placed under a separate unit known as Bangalore Transport Service (BTS ). There was a set of Standing Orders (it is not clear how they were framed) made under the Industrial Employments Standing Orders Act of 1946 which was applicable to the transport system operated by MGRTD. The Bangalore Transport Company had similar Standing Orders applicable to its staff. The BTS continued to adopt those Standing Orders after nationalization of the Companys business.

( 4 ) ON the reorganisation of the States on and from 1-11-1956, two other units of Transport Service came over to the new State of Mysore. One was the Transport Undertaking of the State Government of the erstwhile State of Hyderabad operating in the three Districts of Hyderabad integrated in the State of Mysore. The other unit related to the operation of transport in some areas of the erstwhile State of Bombay which were allotted to the State of Mysore. The respective service conditions governing the employees of the transferred areas of the two States for the time being continued to govern them.

( 5 ) PRIOR to the enlargement of the area of transport operation either by nationalization or by the reorganization of States, there were a few departmental divisions to control the various spheres of activities. One such division was the Bangalore Division. There were separate Regional Workshop Divisions-one at Hubli and the other at Bangalore. At Bangalore, there was an Officer at the top of the administration called the General Manager. Subsequently a post next in rank to him being that of the Deputy General Manager was created. The Deputy General Manger became the Head of the Bangalore Division and another Deputy General Manager became the Head of the Bangalore Transport Services (B-15 ). The entire transport business was taken over by the Mysore State Road Transport Corporation constituted under Section 3 of the Road Transport Corporations Act, 1950. The business of all the divisions was taken over from 1-8-61 and that of BTS