DIVISIONAL CONTROLLER Vs. K P VENKATESH

JUDGEMENT

(1.) THE Divisional Controller of Karnataka State Road Transport Corporation, Shanthinagar (for short 'the Corporation'), has filed this writ petition challenging the correctness of the Award at Annexure -A dated 23.11.2012.

(2.) THE respondent had been working in the establishment of the Corporation as a driver. Disciplinary proceedings was initiated against him and it was alleged that he being the driver of the bus bearing No. 1566, drove the same in a rash and negligent manner near Tarikere and dashed the said bus to one Nagarajappa who succumbed to the injuries. After holding an enquiry, he was found guilt of the charges. Therefore, an order of punishment was issued against him withholding two increments with cumulative effect. The order of punishment was passed on 09.07.1993. The respondent sought conciliation of the matter by filing an application before the competent authority in the year 2008. Since the conciliation failed, the matter was referred to the Industrial Tribunal, Hubli, wherein it was numbered as I.D. No. 92/2008. Before the Industrial Tribunal, it was held that the disciplinary enquiry was not fair and proper. The parties have let in evidence. On appreciation of the materials on record, the Tribunal has set aside the order of punishment.

(3.) I have heard the learned counsel for the parties.