THE CHIEF TRAFFIC MANAGER BMTC Vs. MOHANLAL RATHOD

JUDGEMENT

(1.) The management filed the above writ petition against the order dated 01.03.2012 made in I.D. No. 26/2010 on the file of the Presiding Officer, III Additional Labour Court, Bangalore setting aside the dismissal order dated 12.04.2010 passed by the management and directed the management to reinstate the workman into service within one month from the date on which the award becomes enforceable and relief sought in respect of backwages, continuity of service and all other consequential benefits stands rejected.

(2.) It is the case of the respondent before the Labour Court that he was working as trainee driver cum conductor in the establishment of petitioner -Corporation. When the respondent on 26.04.2008 was conducting the bus bearing No. 1475, playing on the route No. 373M/4, from Athibele to Banashankari, the Checking Officials intercept the bus at Banashankari and during the course of the check it was found that the respondent had excess cash of Rs. 400/ - in his bag. The checking officials made remarks in the way bill and issued offence to the respondent. Thereafter, the checking officials submitted the detailed report to the Disciplinary Authority.

(3.) On the basis of the report submitted by the checking officials, the Disciplinary Authority issued articles of charges to the respondent. The respondent submitted reply and denied the charges. Thereafter, Enquiry Officer was appointed and the enquiry officer after giving notice and opportunity to the respondent submitted report to the Disciplinary Authority. The Disciplinary Authority issued second show -cause notice and after hearing, by an order dated 12.04.2010 dismissed the respondent from service vide Annexure -C.