Lingaraju v. Director (P and E) and Revisional Authority
2017-08-17
B.VEERAPPA
body2017
DigiLaw.ai
ORDER : B. VEERAPPA, J. 1. The petitioner, who was appointed as a conductor under the respondents is before this Court for a writ of certiorari to quash the impugned order dated 17.06.2011. passed by the first respondent vide Annexure-F insofar as denial of five annual increments, continuity of service, consequential benefits and back wages, and also for a writ in the nature of mandamus directing the respondents to restore five annual increments and grant continuity of service and all consequential benefits from the date of dismissal till the date of reinstatement. 2. It is the case of the petitioner that on 07.07.2008 when he was discharging his duties as a conductor on the route from Mysuru to Birunani, the bus bearing registration No. F-3500 was intercepted at Byadarakeri by the checking squad and it was found that the petitioner, though received amount, did not issue tickets of Rs. 12 to nine passengers. Therefore, he was issued with Articles of charge on 22.08.2008 and he submitted his defence statement before the enquiry officer on 08.04.2010, the enquiry officer submitted his report holding that the charges levelled against the petitioner have been proved. The third respondent/disciplinary authority by an order dated 25.09.2010 dismissed the petitioner from service. The petitioner preferred an appeal challenging the said order of dismissal which came to be dismissed on 07.01.2011. Against the said order, petitioner preferred a revision petition which came to be allowed in part by the order dated 17.06.2011 directing the third respondent to reinstate the petitioner into service, without continuity of service, consequential benefits, back-wages and denied five animal increments with cumulative effect. Therefore, petitioner is before this Court for the relief sought for. 3. I have heard the learned counsel for the parties to the lis. 4. Sri M.C. Basavaraju, learned counsel for the petitioner, vehemently contended that the impugned order passed by the first respondent denying five annual increments, continuity of service, consequential benefits and back-wages is erroneous and contrary to the material on record. He further contended that the charge was levelled against the petitioner that on 07.07.2008 when the bus bearing No. F-3500 was intercepted by the checking squad at Byadarakeri, it was found that the petitioner had not issued tickets of Rs. 12/- to nine passengers travelling from Srimangala to Birunani, despite collecting the requisite fare from them.
He further contended that the charge was levelled against the petitioner that on 07.07.2008 when the bus bearing No. F-3500 was intercepted by the checking squad at Byadarakeri, it was found that the petitioner had not issued tickets of Rs. 12/- to nine passengers travelling from Srimangala to Birunani, despite collecting the requisite fare from them. The impugned order passed by the authority is disproportionate to the gravity of the charge. He further contended the petitioner has worked for seven years in the Corporation and that while passing the impugned order, first respondent not only denied five annual increments with cumulative effect but also denied consequential benefits. Therefore, sought to quash the impugned order by allowing the present writ petition. 5. Per contra, Smt. H.R. Renuka, learned counsel for the respondents sought to justify the impugned order and contended that the charges levelled against the petitioner have been proved and the third respondent by order dated 25.09.2010 dismissed the petitioner from service. The same was reaffirmed by the appellate authority on 07.01.2011. The revisional authority, on humanitarian consideration, allowed the revision petition preferred by the petitioner and denied five annual increments with cumulative effect and consequential benefits. Same is in accordance with law and therefore, petitioner is not entitled to any relief before this Court and therefore, sought for dismissal of the writ petition. 6. Having heard the learned counsel for the parties to the lis, it is not in dispute that the petitioner was appointed as a conductor by the respondent Corporation on 02.10.2003 and has worked for more than seven years as on the date of the order of dismissal. It is also not in dispute that on 07.07.2008 when the petitioner was discharging his duties as a conductor on Srimangala to Birunani route in bus bearing registration No. F-3500 and the said bus was intercepted by the checking squad near Byadarakeri and it was found that petitioner had not issued nine tickets of Rs. 12/-each to nine passengers. After holding detailed enquiry, and after giving sufficient opportunity, the third respondent, by the order dated 25.09.2010 dismissed the petitioner from service holding that the charge levelled against the petitioner was proved. The said order was confirmed by the second respondent by an order dated 07.01.2011. 7. It is also not in dispute that the petitioner has involved in 22 past cases, which reads as under: SI.
The said order was confirmed by the second respondent by an order dated 07.01.2011. 7. It is also not in dispute that the petitioner has involved in 22 past cases, which reads as under: SI. No. Case No. Off date Offence details Punishment 1 0468/07 16.01.07 NINC 2 OF RS.6.00 (27+01+00) ENC INC P/P FOR 6 MONTH (WOCE) 2 1758/09 14.03.07 NINC 1 OF RS.4.00 & NINC CH 2 of RS.2.00 (32+02+20) R/C RS.200/- 3 3801/07 18.06.07 NINC 3 OF RS.7.00 (39+01+00) ENS INC P/P FOR 1 YEAR (WOCE) 4 55437/07 22.08.07 NINC 1 OF RS. 6.00 (23+63+00) R/C RS.150/- 5 5412/07 22.08.07 NINC 2 OF RS.9.00 (60+03+25) ENS INC P/P FOR 6 MONTH (WOCE) 6 6107/07 14.09.07 NINC 3 OF RS.4.00 (22+20+00) ENS INC P/P FOR 6 MONTH (WOCE) 7 6869/07 11/10/2007 NINC 1 OF RS.6.00 (28+36+00) R/C RS.150/- 8 7576/07 14.11.07 NINC 1 OF RS.07.00 (23+00+00) R/C RS.200/- 9 7867/07 16.11.07 NINC 1 OF RS.6.00 (25+05+00) R/C RS. 150/- 10 7879/07 16.11.07 NINC 1 OF RS. 12.00 (37+03+12) ENS INC P/P FOR 6 MONTH (WOCE) 11 8452/07 19.12.07 NINC 1 OF RS.12.00 (55+03+28) R/C RS.400/- 12 708/08 18.01.08 NINC 1 CF RS.07.00 (40+01+20) ENS INC P/P FOR 6 MONTH (WOCE) 13 3687/08 27.05.08 NINC 1 OF RS.8.00 (48+00+00) R/C RS.160/- 14 4025/08 27.06.08 NINC 1 OF RS.7.00 (59+04+00) R/C RS.100/- 15 5893/08 05,09.08 NINC 1 OF RS. 12.00 (38+18+00 R/C RS.150/- 16 5916/08 6/9/2008 NINC 2 OF RS.6.00 (60+24+00) R/C RS. 150/- 17 6414/08 18.09.08 NINC 1 OF RS.25.00 (30+01 + 19) R/C RS.800/- 18 2634/09 9/4/2009 NINC 1 OF RS.6.00 (22+00+08) R/C RS.150/- 19 2164/09 7/7/2008 NIAC 9 OF RS. 12.00 (58+00+08) PRESENT CASE 20 3203/09 15.04.09 NINC 4 OF RS.8.00 (39+04+00) R/C 7 DAYS WAGES 21 4681/09 10/5/2009 NINC 4 OF RS.7.00 (46+01+00) R/C 10 DAYS WAGES AND CAUTIONED 22 3378/10 30.05.10 NINC 1 OF RS.9.00 (57+00+00) R/C RS.180/- 8. Thereafter, the revisional authority on humanitarian consideration, has proceeded to set-aside the original order passed by the disciplinary authority as well as the appellate authority and recorded a finding as under: "VERNACULAR MATTER" 9.
Thereafter, the revisional authority on humanitarian consideration, has proceeded to set-aside the original order passed by the disciplinary authority as well as the appellate authority and recorded a finding as under: "VERNACULAR MATTER" 9. The revisional authority taking into consideration the future of the petitioner's family, has proceeded to modify the order passed by the disciplinary authority as well as the appellate authority, and passed the impugned order exercising discretionary power under Regulation 35 of the Karnataka State Road Transport Corporation Servant (Conduct and Discipline) Regulations, 1971. The same is in accordance with law. The petitioner has not made out any ground to interfere with the impugned order, in exercise of powers under Articles 226 and 227 of the Constitution of India. Accordingly, writ petition is dismissed.