GENERAL MANAGER (PERSONNEL) Vs. M.H. SUDHIR

JUDGEMENT

(1.) This intra Court appeal has been filed against an order dtd. 12/2/2021 passed by the learned Single Judge by which the writ petition preferred by the respondent has been allowed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the respondent, at the relevant point of time, was employed as a Junior Assistant in Karnataka State Road Transport Corporation (hereinafter referred to as 'the Corporation'). A domestic enquiry was initiated against the respondent on certain alleged misconduct. The Enquiry Officer, after investigating, submitted a report in which charges against the respondent was not found to be proved. The Disciplinary Authority, considering such report, has imposed penalty of recovery of Rs.5,000.00 in 10 equal monthly installments and to treat the period of suspension as not being on duty. The respondent thereupon filed an appeal. The Appellate Authority, by an order dtd. 29/1/2014 inter alia, held that the charges leveled against respondent were not found to be proved. However, the Appellate Authority upheld the order of the Disciplinary Authority insofar as it directed that the period of suspension be not treated as on duty.

(3.) The respondent challenged the order passed by Appellate Authority in a writ petition in which the learned Single Judge, by an order dtd. 12/2/2021, has set aside the order passed by the Disciplinary Authority dtd. 29/1/2014 and has held that the respondent is entitled to all consequential benefits. In the aforesaid factual background, this appeal has been filed.