RAGHAVENDRA TALWAI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The petitioner, who was serving in the respondent Corporation as a conductor, has approached this Court in the instant writ petition with a prayer to quash the award dated 10.04.2018 passed by the Presiding Officer, Industrial Tribunal, Hubballi, in I. D. No.77 / 2015 vide Annexure-E and consequently to quash the order dated 03 .11.2006, passed by the Disciplinary Authority of the respondent Corporation.

(2.) The brief facts of the case that would be relevant for the purpose of disposal of this petition are:

(3.) Learned counsel for the petitioner submits that, subsequent to the articles of charge submitted against him, though the petitioner had filed a statement denying the charges leveled against him, no enquiry was held by the Enquiring Officer and in spite of the same, based on his report, the Disciplinary Authority has passed the order of punishment and without appreciating the same properly, the Industrial Tribunal has erroneously dismissed the reference and has confirmed the order of punishment passed by the Disciplinary Authority. He submits that, this approach of the Disciplinary as well as the Industrial Tribunal is not in accordance with law. He has relied upon the orders passed by this Court in W.P.No.2762/ 2006 (North-West Karnataka Road Transport Corporation Vs. A. Y. Pawar ) disposed of on 10.09.2013 and W. P.No.104098/2015(Basappa S/o. Shivappa Kavadi Vs. The Managing Director) disposed of on 22.03.2018, in support of his contentions.