GANAPATHI S. HEGDE S/O. SRIDHAR HEGDE Vs. GAJANAN MOTOR TRANSPORT CO. LTD., REP. BY ITS MANAGING DIRECTOR AND ANR.

JUDGEMENT

(1.) The petitioner who was working as a conductor in the respondent-Transport Company filed the present writ petition for a writ of Certiorari to quash the order dated 23.2.2012 made in IDA No. 5 of 2010 on the file of Labour Court, Dakshina Kannada, Mangaluru (camp at Shivamogga) rejecting the application filed under Sec. 10(4A) and confirming the dismissal order dated 17/18.2.2010, passed by the Disciplinary authority.

(2.) It is the case of the petitioner that, after completion of PUC, he had joined as Conductor in the Respondent-Transport Company on 7.2000 and worked in various places to the satisfaction of the superiors. When things stood thus, for the first time, an allegation was made against the petitioner that on 10.6.2009 he failed to issue tickets to the passengers amounting to Rs.62.00, thereby caused loss to the respondent-Transport Company for which he was penalized on 26.9.2009. One more allegation was made that on 25.6.2010, petitioner caused loss of Rs.25.00 to the respondent-Transport Company. In addition on 26.11.2009, the petitioner failed to collect Rs.240.00 from ten passengers and the said amount was not entered in the gate pass and thereby the petitioner for the third time caused loss to the respondent-Transport Company. A show cause notice was issued to the petitioner on 28.1.2010 for which he replied. Not satisfied with the reply filed by the petitioner, the Disciplinary Authority appointed an Enquiry Officer to hold enquiry into the charges levelled against the petitioner in which the petitioner HAD participated. After conducting detailed enquiry, the enquiry officer submitted three reports on different dates holding that the charges levelled against the petitioner are proved.

(3.) After considering the entire material on record and considering the reports submitted by the Enquiry Officer, the Disciplinaiy Authority, on 17/18.2.2010 dismissed the petitioner from service.