T.K. JOSEPH Vs. APPELLATE TRIBUNAL AND OTHERS

JUDGEMENT

(1.) The petitioner, Sri T. K. Joseph was a Conductor in the Kerala State Road Transport Corporation. While he was working in Kottayam District allegation of misappropriation by a manipulating records during the months of Jan., May, June and July 1970, was levelled against him. To the charge sheet issued to him on 5-9-1970 he submitted his explanation denying the charge. On the basis of the finding of the 1st respondent, the Appellate Tribunal, K. S. R T. C., the petitioner was dismissed from service. His appeal to the Chairman, K.S.R.T.C. having been dismissed, he submitted a complaint before the District Labour Officer, Trivandrum, who initiated conciliation proceedings which ultimately resulted in a settlement dated 29-6-1974, a copy of which is Ext. P- 1, in terms of which it was agreed between the parties (hat a fresh enquiry would be conducted against the petitioner in accordance with law for the offence for which he had been dismissed.

(2.) Pursuant to Ext. P-l settlement the Corporation gave a charge sheet to the petitioner containing statement of allegation, a copy of which is Ext. P-2. The petitioner was also kept under suspension. In his explanation to Ext. P-2 the petitioner denied the charges levelled against him and also requested for permission to verify the relevant records for furnishing a detailed explanation. After having verified the records in accordance with the permission granted to him as per communication dated 18-2-1976, a copy of which is Ext. P-3, the petitioner submitted a detailed explanation dated 11-3-1976, a copy of which is Ext. P-4.

(3.) The petitioner participated in the domestic enquiry conducted to go into the charge levelled against him held on the 20th and 21st of July, 1976 at the District Transport Office, Kattayam. The enquiry officer found the petitioner guilty of the charge. The 1st respondent by a show cause notice dated 22-9-1976, a true copy of which is Ext. P-5, forwarded along with a copy of the report of the enquiry officer, a true copy of which is Ext. P 6, advised the petitioner to submit his explanation why he should not be dismissed from service. Ext. P 7 is the copy of the objection to Exts. P-5 and P-6, submitted by the petitioner. The objection was not, however, found acceptable and the petitioner was dismissed from service by order dated nil-11-1976 a copy of which is Ext. P-8.