DIVISIONAL CONTROLLER Vs. M.C. NANJUNDASWAMY

JUDGEMENT

(1.) This intra Court appeal has been filed against the order dtd. 2/2/2021 passed by the learned Single Judge by which the writ petition preferred by the Karnataka State Road Transport Corporation (hereinafter referred to as 'the Corporation') has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the respondent who was employed as a driver in the Corporation, was driving the vehicle on 23/6/2011 and on that day, an accident took place on Saragur - Mysuru Road in which rider of an oncoming motorcycle succumbed to the injuries and pillion rider was also injured. The Corporation therefore initiated a domestic enquiry against the respondent and found him guilty in causing the road accident. Therefore, penalty of deduction of basic pay in two states and treating the period of suspension as suspension, was imposed on the respondent. The respondent challenged the aforesaid order of penalty by raising a dispute before the Industrial Tribunal. The Tribunal, by the impugned award dtd. 31/1/2012, answered the reference in favour of the respondent and set aside the penalty imposed on him. The Corporation thereafter challenged the aforesaid order in a writ petition which has been dismissed by the learned Single Judge. In the aforesaid factual background, this appeal arises for our consideration.

(3.) Learned counsel for the appellant submitted that the factum of accident is admitted by the respondent and therefore, the Tribunal as well as the learned Single Judge ought to have appreciated that penalty was rightly imposed on the respondent.