IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 3945 OF 2021 (L-KSRTC)

BETWEEN:

THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY, K.S.R.T.C., TUMAKURU DIVISION, TUMAKURU, HEREIN REPRESENTED BY, THE CHIEF LAW OFFICER, K.S.R.T.C., CENTRAL OFFICES, K.H.ROAD, SHANTHI NAGAR, BENGALURU - 560 027.

…PETITIONER (BY SRI.B.L.SANJEEV., ADVOCATE)

AND:

Dig itally signed SRI. P.HARISHA by THEJAS S/O. PENNAIAH, KUMAR N AGED ABOUT 40 YEARS, Location: HIGH R/AT HOSAKERE VILLAGE, COURT OF KARNATAKA MIDIGESHI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 133.

…RESPONDENT (SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.B.L.Sanjeev., counsel for the petitioner has appeared in person.

2. An emergent notice to the respondent was ordered on 24.02.2021. A perusal of the office note depicts that notice to the respondent is served. He has neither engaged the services of an advocate nor conducted the case as a party in person.

3. The brief facts are these:

The respondent was a Driver cum Conductor in the establishment of the Corporation. He remained absent from duties unauthorizedly from 24.11.2016 to 20.12.2017 without prior permission. The Depot Manager submitted a report in this regard. The disciplinary authority issued articles of charge to the respondent. The respondent did not reply to the same. The disciplinary authority appointed an inquiry officer. The inquiry officer conducted a detailed inquiry and submitted his findings holding that the charges are proved. The respondent was issued with a second show cause notice along with the findings of the inquiry officer. The respondent did not reply to the same. The disciplinary authority taking note of the material on record, passed an order of punishment on 20.12.2017 and dismissed him from service.

Aggrieved by the order of dismissal, the respondent raised a dispute before the Principal District Judge, Tumakuru in Application No.02/2018. The Labor Court held that the domestic inquiry conducted by the Corporation was fair and proper. The Labor Court vide award dated 27.12.2019 set-aside the order of dismissal and directed reinstatement into service with continuity of service and consequential benefits but without any backwages. The award passed by the Labor Court is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition.

4. Counsel for the petitioner has urged several contentions. Heard the arguments and perused the Writ papers with care.

Counsel for the petitioner submits that a memo has been filed furnishing the true copies of the Medical Certificates (Exs.P1 to P7). Counsel, therefore, submits that the same may be placed on record.

Submission is noted. Memo is placed on record and perused the same with care.

5. The point that requires consideration is whether the award passed by the Labor Court requires interference?

6. The facts are sufficiently stated and do not require reiteration. Suffice it to note that the respondent came under a disciplinary inquiry proceedings for an act of misconduct i.e., unauthorized absence and was visited with an order of punishment i.e., dismissed from service on 20.12.2017. The issue revolves around unauthorized absence. The charge made against the respondent was that he remained absent unauthorizedly from duty from 24.11.2016 to 20.12.2017. It is the specific contention of the Corporation that, no leave application was submitted, even if it is submitted, that should be accompanied by Medical Certificate if the leave is sought on the health grounds.

An employee is under an obligation not to absent himself from work without good cause during the time at which he is required to be at work. Absence without leave is a misconduct in ind