Back
IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
Suraj Govindaraj, J.
Girish S/o Shivappa - Petitioner
Versus
The Karnataka State Road Transport Corporation, Through Its Managing Director And Ors. – Respondents
Writ Petition No. 207355, 202055, 207246, 207502 of 2017 (S-KSRTC), Writ Petition No. 200010, 203006, 203007, 207009 of 2014 (L-KSRTC), Writ Petition No. 202834, 203333, 204111 of 2019 (L-KSRTC)
Decided On : 13-07-2023
Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971 – Service law - Workmen - Disciplinary proceedings - Terminated from service - Petitioners workmen are aggrieved by disciplinary proceedings taken up by respondent Road Transport Corporation, by virtue of which, workmen have either been dismissed from service or punishment lesser than dismissal have been awarded - Whether compliance with proviso to Clause (b) of subsection (2) of Section 33 of Industrial Disputes Act was required to be made for imposition of punishment, including dismissal in respect of some of petitioners in above matters -There being no exception created in respect of C & D Regulations, 1971 by issuing a specific notification under Section 13B of the Standing Orders Act, the C & D Regulation 1971 cannot be pressed into service. [Para 14.4]
Finding of Court: Disciplinary Authority has been defined in Regulations - Authority has not been so defined - Reason for it cannot be far but to leave it to discretionary of Disciplinary Authority to appoint such person as an Enquiry Authority as Disciplinary Authority deems fit - There cannot be any disagreement with submission made learned counsel inasmuch as an enquiry proceeding requiring applicability of Rules and Procedure including that of principles of natural justice there can be no better person than retired judges or legal practitioners who could interpret and apply law, thereby they would also be an authority they being an authority in law, which to Court mind what is more important for conducting an enquiry proceedings than to hold authority by office.
Result : Writ petition dismissed
ORDER :
1. In all the above matters, the petitioners workmen are aggrieved by the disciplinary proceedings taken up by the respondent Road Transport Corporation, by virtue of which, the workmen have either been dismissed from service or punishment lesser than dismissal have been awarded. The reliefs which have been sought for in each of the matters are as under.
2. In W.P.No.207355/2017, the petitioner is before this Court seeking for the following reliefs:
b. Issue a writ of certiorari for quashing the engagement of Sri.A.C.Boreddy Advocate (Retired Public Prosecutor) from going ahead with the enquiry proceedings in respect of departmental charge sheet dated 11.7.2017 vide order No. E.K.RA.SA/U.V/SISTU/606/17/2787/17 dated 21.8.2017 issued by Respondent No.4 which is at Annexure-B in the interest of justice.
c. Issue any other writ or order as deemed fit by the Hon’ble Court in the interest of justice.
3. In W.P.No.200010/2014, the petitioner is before this Court seeking for the following reliefs:
2) Issue any other Writ or order as deemed fit by the Hon’ble Court in the interest of justice.
4. In W.P.No.203006/2014, the petitioner is before this Court seeking for the following reliefs:
2) Issue any other Writ or order as deemed fit by the Hon’ble Court in the interest of justice.
5. In W.P.No.203007/2014, the petitioner is before this Court seeking for the following reliefs:
2) Issue a Writ of Certiorari for setting aside the award of labour Court Gulbarga passed in KID No.91/2009 dated 23.9.2010 which is at Annexure-B and order for reinstatement of the petitioner with full back wages, continuity of service and all other consequential benefits in the interest of justice and equity.
3) Issue any other writ or order as deemed fit by the Hon’ble Court in the interest of justice.
6. In W.P.No.207009/2014, the petitioner is before this Court seeking for the following reliefs:
2) Issue any other writ or order as deemed fit by the Hon’ble Court in the interest of justice.
7. In W.P.No.202055/2017, the petitioner is before this Court seeking for the following reliefs:
2) Issue any other Writ or order as deemed fit by the Hon’ble Court in the interest of justice.
8. In W.P.No.207246/2017, t
Point of Law : Merely because the word ‘authority’ is used in Sub-Regulation (2) of Regulation 23 of C & D Regulations, that would not mean an authority by an officer in the RTC but a person who is a....
Minor penalties cannot be imposed without conducting an enquiry or assigning reasons for dispensing with the enquiry, in accordance with the principles of natural justice.
Minor penalties require adherence to procedural fairness, including an inquiry, failing which the penalty is void.
Disciplinary proceedings must adhere to statutory provisions; if Service Regulations are not notified under Section 13B of the Act, Model Standing Orders apply and render any contrary action void.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
