JAGADISH Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India challenging the award dtd. 12/3/2020 passed by the Presiding Officer, Labour Court, Hubballi, in KID No. 16/2018.

(2.) Brief facts leading to this case are that while the petitioner was working as Conductor with the respondent Corporation, he was issued with articles of charge dtd. 19/12/2014 alleging that while on duty on 29/11/2014 on Hubballi-Byahatti route, petitioner was subjected to breathalyzer check at 12.02 p.m. The result indicated that he had consumed alcohol and was on duty which was a misconduct. The petitioner submitted reply on 19/12/2014 stating that the previous day he was suffering from ill health and had consumed some over-the-counter-medicine. Though he was not fit for duty, the officials of the Corporation forced him to go on route. And when he was subjected to breathalyzer test, the result was not due to his consumption of alcohol but due to contents of the medicine. It was also contended that petitioner was not under influence of alcohol and had performed his duty as Conductor in all earnest.

(3.) Not satisfied with his reply, disciplinary authority ordered for holding of departmental enquiry and appointed Enquiry Officer. After due participation of the petitioner, the Enquiry officer concluded the same and submitted a report on 5/3/2018. Attaching a copy of the same, second show cause notice was issued calling for his representation, if any, against the findings in the enquiry. No reply was filed. Taking note of the findings of the Enquiry Officer and the previous work history of the petitioner, the disciplinary authority passed an order of dismissal from service on 13/6/2018.