G SHADAKSHARAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a petition filed under Arts. 226 and 227 of the Constitution of India by the petitioner seeking the quashing of the show-cause notice issued by the third respondent, marked Ex. A dated 1/3-12-1964 and bearing MST/BTS/TRF/DFL/D4: 479/3833.

(2.) The petitioner is a conductor of the erstwhile Bangalore Transport Company, Limited. He appears to have been appointed prior to 1-10-1956 when the State Government took over the entire undertaking of the Bangalore Transport Company, Limited under the provisions of Mysore Act VIII of 1956 which came into force on the 27th of September 1956 By virtue of this Act, all persons employed by that Company and still employed immediately before 1-10-1956, became as from that date, the employees of the Government of Mysore. Under the provisions of the Road Transport Corporations Act, 1950 the Mysore State Road Transport Corporation (hereinafter called the Corporation) came into existence with effect from 1-8-1961. The petitioner by a notice issued by the Government of Mysore dated 23rd June 1961 was given an option to enter the service of the Corporation or retire from service under Government, as, with the establishment of the Corporation, the post held by the petitioner would be abolished. The petitioner exercised his option and from 1-10-1961 he became an employee of the Corporation. In the affidavit filed in support of the petition, the petitioner does not say which officer of the Company appointed him, but he merely states that he was appointed by the Bangalore Transport Company prior to 1-10-1956. The counsel appearing for the second respondent who is the General Manager of the Corporation stated that the petitioner was appointed on 26-9-1956 by the Secretary of the Bangalore Transport Company and after the transfer of the same to the Mysore Government Road Transport Department the petitioner was a Government servant and after the undertaking became one with the Mysore State Road Transport Corporation, the petitioner became an employee of the Corporation. The third respondent's submission that he was appointed by the Secretary of the Bangalore Transport Company, is not denied by the petitioner.

(3.) As can be gathered from the affidavit filed by the petitioner, the disciplinary action has been taken against the petitioner after enquiry and he has been served with the impugned notice Ex. A dated 1st/3rd December 1964 by the Deputy General manager, calling upon the petitioner to show cause within seven days of the receipt of the said notice as to why the punishment proposed, namely dismissal, should not be imposed on him. It is the validity of this show-cause notice that is challenged by the petitioner in this writ petition.