JOHN D SOUZA Vs. DIVISIONAL CONTROLLER, KSRTC

JUDGEMENT

(1.) This intra court appeal is filed by the unsuccessful petitioner challenging the order dtd. 7/1/2022 passed by the learned Single Judge of this Court in W.P.No.15193/2021.

(2.) Heard the appellant - party-in-person, learned Counsel appearing for the respondent and also perused the material available on record in detail.

(3.) Brief facts of the case as revealed from the records which would be germane for the purpose of decision of this appeal are, the appellant-workman joined the respondent-Corporation as a bus conductor on 28/11/1984. He was the General Secretary of the KSRTC & BMTC United Employees Union. The appellant reportedly remained absent from duty for the period from 18/8/2005 till 29/10/2005 without prior permission of the superiors or getting the leave sanctioned. On the basis of the report submitted by the Depot Manager in this regard, a notice was issued to him on 5/9/2005 to resume to the duty. Thereafter, he was served with the article of charges on 23/6/2006, for which, he did not submit his reply. A retired client law officer of the respondent-Corporation was thereafter appointed as the Enquiry Officer and the appellant had participated in the enquiry proceedings. After the completion of the evidence of the Corporation, though the appellant was given sufficient opportunity to lead evidence and also produce document in support of his case, he had failed to lead evidence or to produce any documents in support of his defence, and therefore, eventually the Enquiry was closed and a report was submitted by the Enquiry Officer holding that the charges against the appellant-workman were proved. Thereafter, a show cause notice dtd. 21/8/2010 along with the enquiry findings was served upon the appellant, to which, he submitted the reply. The Disciplinary Authority, being not satisfied with the said reply, passed an order of dismissal from service on 11/10/2010, wherein the past history of the appellant was also referred to.