NORTH WEST KARNTAKA ROAD Vs. A.Y. PAWAR

JUDGEMENT

(1.) The petitioner has called into question the award, dated 7.5.2005 (Annexure-E) passed by the Industrial Tribunal, Hubli in I.D.No.54/2004.

(2.) The facts of the case in brief are that the respondent, who is working as a conductor in the services of the petitioner was conducting from Chikkodi to Miraj on 13.3.2002. Near Manjari stage, the bus was intercepted by the squad, which found the wrong punching of the two tickets. Instead of punching the tickets showing the stage from Nos.1 to 10, the punching showed the stage from Nos.1 to 7. The petitioner Management issued the articles of charges, dated 7.6.2002 (Annexure-A). The respondent submitted the reply stating that there were 75 passengers in the bus on the said day. As the bus was moving and as there was overcrowding, one passenger accidentally pushed the hand of the respondent pushing his (the conductor's) hand from the 10th to 7th hole on the ticket. The petitioner, without holding the enquiry, passed the punitive order, dated 22.8.2002 (Annexure-C) deducting one increment with cumulative effect. This order was set aside by the Industrial Tribunal, as the punitive order was passed without holding the enquiry.

(3.) Smt.Sunitha P.Kalasoor, the learned counsel for the petitioner submits that as the respondent himself has admitted his misconduct, the question of holding the enquiry would not arise. She submits that the petitioner Management has taken a lenient view of what the respondent has done and has therefore imposed only a minor punishment. The petitioner has just deducted one increment. She would contend that for imposing such a minor penalty, the departmental enquiry need not be held under Regulation 28 of the Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971 ('the said Regulations' for short).