RAMALAKSHMAIAH D .V, vs THE DIVISIONAL CONTROLLER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57912
WP No. 2257 of 2022
C/W WP No. 8155 of 2023
CNR: KAHC010044612022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 2257 OF 2022 (L-KSRTC)
C/W
WRIT PETITION NO. 8155 OF 2023 (L-KSRTC)
IN WP NO. 2257/2022
BETWEEN:
THE DIVISIONAL CONTROLLER
K.S.R.T.C., CHIKKABALLAPURA DIVISION
CHIKKABALLAPURA
HEREIN REP. BY THE CHIEF LAW OFFICER
K.S.R.T.C. CENTRAL OFFICES
K H ROAD, SHANTHI NAGAR
BENGALURU-560027.
…PETITIONER
(BY SRI. SANJEEV B L., ADVOCATE)
AND:
SRI D V RAMALAKSHMAIAH
S/O VENKATARAYAPPA
AGED ABOUT 54 YEARS
R/O DARABUR VILLAGE
MANDIKAL HOBLI AND POST
NAGARAGERE HOBLI
CHIKKABALLAPUR TALUK
AND DISTRICT PIN-562102.
…RESPONDENT
(BY SRI. L SHEKAR., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:57912
WP No. 2257 of 2022
C/W WP No. 8155 of 2023
CNR: KAHC010044612022
FOR RECORDS OF THE PROCEEDINGS OF THE COURT OF PRL.
DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA
PERTAINING TO ID NO.07/2019, WHICH HAS CULMINATED IN
ITS AWARD DATED 12/11/2021 PRODUCED AT ANNEXURE-C
AND ETC.
IN WP NO. 8155/2023
BETWEEN:
RAMALAKSHMAIAH D .V
S/O VENKATARAYAPPA
AGED ABOUT 52 YEARS
R/AT DARABUR VILLAGE
MADIKAL HOBLI AND POST
CHIKKABALLAPURA TALUK AND DISTRICT
...PETITIONER
(BY SRI. SHEKAR L., ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER
K.S R.T.C, CHIKKABALLAPURA
DIVISION, CHIKKABALLAPURA-572 201
...RESPONDENT
(BY SRI.B L SANJEEV., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED: 07.09.2021 VIDE ANNEXURE-A AND ALSO THE
AWARD DATED: 12.11.2021 PASSED BY THE PRL DISTRICT
JUDGE, CHIKKABALLAPUR IN ID NO.7/2019 VIDE ANNEXURE-B
AND ETC.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:57912
WP No. 2257 of 2022
C/W WP No. 8155 of 2023
CNR: KAHC010044612022
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. W.P. No.2257/2022 is filed by the KSRTC (for short
‘Corporation’), and W.P. No.8155/2023 is filed by the
workman, challenging the award dated 12.11.2021 passed
by the Principal District and Sessions Judge,
Chikkaballapura (for short, ‘the Tribunal’) in I.D.
No.7/2019, whereby the claim petition filed by the
workman was partly allowed. The Corporation has
challenged the award insofar as it sets aside the order of
dismissal, whereas the workman has challenged the award
insofar as it denies back wages.
2. For the sake of convenience, the parties are referred
to according to their ranking before the Tribunal. The
workman is referred to as the First Party and the
Corporation as the Second Party.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:57912
WP No. 2257 of 2022
C/W WP No. 8155 of 2023
CNR: KAHC010044612022
3. Brief facts of the case are that First Party-Workman
was working as Driver-cum-Conductor with Second Party-
Corporation. On 20.02.2005, he was deputed to work at
Chikkaballapur Depot of Second Party. On 16.01.2019,
when the First Party was working as a Conductor in bus
bearing number No.F-1042 on the route from
Chikkaballapura to Avalabetta and the said vehicle came
to be intercepted by checking team near Daraburu Stage
at about 19.20 hours. During inspection, it was found that
out of 11+00+05 passengers in the bus, the First Party
had collected ticket amount of Rs.7x5 = total Rs.35/- from
the head of the group of passengers, but no ticket was
issued to them and further there was entry in the ETM
machine that 9 student pass holders were travelling in the
bus, however, only 5 student pass holders were travelling
in the bus at the time of checking. Therefore, they
submitted a report recommending to take action against
the First Party. Accordingly, the disciplinary authority
issued charges against the First Party. The First Party
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:57912
WP No. 2257 of 2022
C/W WP No. 8155 of 2023
CNR: KAHC010044612022
submitted his reply denying the charges. Being dissatisfied
with the reply, the Enquiry Officer was appointed to
conduct an enquiry. The Enquiry Officer submitted a report
holding that the charges against the First Party were
proved. Consequently, the disciplinary authority, by order
dated 16.08.2019, dismissed the First Party from the
service. Being aggrieved by the same, First Party raised
industrial dispute under Section 10(4A) of the Industrial
Dispute Act, 1947 (for short ‘ID Act’) before the Principal
District and Sessions Judge, Chikkaballapura in
I.D.No.07/2019. The Tribunal, by impugned award has
partly allowed the dispute. Being aggrieved by the award
insofar as it sets aside the dismissal order, the Corporation
has filed W.P.No.2257/2022 and in respect of denial of
back wages, the workman has filed W.P.No.8155/2023.
4. Learned counsel appearing for the First Party-
workman contended that the First Party had not
committed any misconduct and that the charges levelled
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:57912
WP No. 2257 of 2022
C/W WP No. 8155 of 2023
CNR: KAHC010044612022
against him were unsustainable. It was contended that the
passengers travelling in the bus had been issued tickets
and that there were no passengers travelling without
tickets. Without properly appreciating this aspect, the
Enquiry Officer had erroneously held that the charges were
proved. Learned counsel further contended that, although
the Tribunal had rightly set aside the order of dismissal, it
had erred in denying back wages. Accordingly, learned
counsel sought for allowing the writ petition filed by the
workman.
5. Per contra, learned counsel appearing for the Second
Party-Corporation contended that the charges levelled
against the First Party had been proved in the
departmental enquiry. It was further contended that the
Tribunal itself had recorded a finding that five passengers
were travelling without tickets and that the number of
student pass holders had been incorrectly entered as nine
instead of four in the ETM. In view of the proved
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:57912
WP No. 2257 of 2022
C/W WP No. 8155 of 2023
CNR: KAHC010044612022
misconduct, the Tribunal was not justified in setting aside
the order of dismissal. Accordingly, learned counsel sought
for allowing the writ petition filed by the Corporation.
6. Heard the learned counsel for the parties. Perused
the writ papers.
7. It is not in dispute that the First Party was working
as a Driver-cum-Conductor in the Second Party-
Corporation. On 16.01.2019, while he was discharging his
duties as a Conductor in bus bearing No.F-1042 on the
route from Chikkaballapura to Avalabetta, the bus was
intercepted by the checking team. During the inspection, it
was found that five passengers were travelling without
tickets, though the First Party had collected a sum of
Rs.35/- from them. It was also found that, while only five
student pass holders were travelling in the bus, the ETM
contained an entry showing nine student pass holders.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:57912
WP No. 2257 of 2022
C/W WP No. 8155 of 2023
CNR: KAHC010044612022
8. The First Party examined himself as WW1 and
produced documents and marked as Exs.W1 to W7. The
Second Party examined its Establishment Supervisor as
MW2 and produced documents marked as Exs.M1 to M28.
Upon consideration of the evidence and materials on
record, the Tribunal has arrived at a conclusion that five
passengers were travelling without tickets and that only
five student pass holders were travelling in the bus,
though the First Party had incorrectly entered the number
of student pass holders as nine in the ETM.
9. The Tribunal, however, found that the punishment of
dismissal imposed by the Corporation was disproportionate
to the misconduct proved against the First Party. It also
took note of the fact that, in similar cases involving
Sri.Ramesh G. Shettar, Sri.Bhavasab, Sri.Abdul Majid and
Sri.Shamarao, the Corporation had imposed only minor
penalties for similar misconduct. Considering these
aspects, the Tribunal has set aside the dismissal order
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:57912
WP No. 2257 of 2022
C/W WP No. 8155 of 2023
CNR: KAHC010044612022
dated 16.08.2019 passed by the Corporation and
consequently, directed the Second Party to reinstate the
First Party into service without backwages with continuity
of service.
10. Pursuant to the order passed by the Tribunal, the
First Party is reinstated into service and is working in the
Second Party and is at the verge of retirement.
11. The contention of the Corporation that the proved
misconduct warrants interference with the Tribunal’s
award cannot, in the facts and circumstances of the case,
be accepted. Insofar as the workman’s challenge to the
denial of back wages is concerned, the mere fact that the
punishment of dismissal has been modified does not, by
itself, warrant an award of back wages. Having regard to
the overall circumstances of the case and the findings
recorded by the Tribunal, this Court finds no sufficient
ground to interfere with the finding of the Tribunal dening
the back wages.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:57912
WP No. 2257 of 2022
C/W WP No. 8155 of 2023
CNR: KAHC010044612022
12. Having regard to the aforesaid factors, this Court
finds no sufficient ground to interfere with the impugned
award passed by the Tribunal.
13. Accordingly, both the writ petitions are dismissed.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
(H.T. NARENDRA PRASAD)
JUDGE
DM
LIST NO.: 1 SL NO.: 26