DIVISIONAL CONTROLLER Vs. MAHANTESH CHANABASAPPA GUDADUR

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the award dtd. 27/11/2012, passed in ID No.478/2009 (Annexure-C), on the file of the Industrial Tribunal, Hubballi, (hereinafter referred to as 'the Tribunal', for short) allowing the Reference in part.

(2.) The relevant facts for adjudication of this writ petition are that, the petitioner - Corporation has issued article of charges against the respondent - workman on 7/9/2004 and after due enquiry, petitioner Corporation dismissed the respondent from service on 9/1/2006. Thereafter, the respondent filed an appeal before the Appellate Authority under the KSRTC Servants (Conduct & Discipline) Regulation, 1971 (hereinafter referred to as 'C & D Regulations', for short). The Appellate Authority, after considering the reply made by the respondent, modified the order of dismissal passed by the Disciplinary Authority in to minor penalty of withholding three increments permanently without back wages, with continuity of service. Feeling aggrieved by the same, the respondent / claimant filed petition before the Tribunal, in ID No.478/2009 and the Tribunal, after considering the material on record, allowed the Reference and interfered with the minor penalty imposed by the Appellate Authority. Feeling aggrieved by the same, the petitioner Corporation has presented this writ petition.

(3.) I have heard Smt. Veena Hegde, learned counsel appearing for the petitioner - Corporation and Sri.Mrutyunjay S. Hallikeri, learned counsel appearing for the respondent - workman.