An unfair departmental inquiry cannot sustain punishment without independent proof of the charge.

The respondent, a KSRTC conductor, was charged with failing to collect a fare of Rs.110 and issue a ticket to a passenger travelling from the State Border to Belgaum.

He said he believed the passenger, who was wearing a uniform, was a KSRTC employee.

Following a departmental enquiry, KSRTC imposed a penalty of reduction of basic pay by two stages to the minimum scale with cumulative effect.

The Industrial Tribunal set aside the penalty, finding the enquiry unfair and noting that KSRTC had not independently proved the charge.

KSRTC challenged the Tribunal’s award under Articles 226 and 227 of the Constitution.

1. Whether the Industrial Tribunal erred in setting aside the penalty despite KSRTC’s contention that the conductor had admitted failing to collect the fare and issue a ticket.

2. Whether the Tribunal’s award disclosed an error or illegality warranting interference under Articles 226 and 227 of the Constitution.

The Court considered its supervisory and writ jurisdiction under Articles 226 and 227 of the Constitution and the evidentiary requirements arising where a departmental enquiry is found unfair: the employer must prove the charge independently, and the failure to examine material witnesses or produce supporting evidence may leave the charge unsubstantiated.

No specific statute or precedent was cited.

The Tribunal had found the enquiry unfair, requiring KSRTC to prove the charge independently.

KSRTC did not examine the checking officials, whom the Court regarded as the best witnesses, or the passenger; nor did it obtain the passenger’s address or produce supporting documents to establish that the conductor knowingly allowed a non-employee to travel without a ticket.

In light of the conductor’s explanation that he believed the uniformed passenger was a KSRTC employee, the Court found no basis to disturb the Tribunal’s assessment.

It dismissed KSRTC’s writ petition, leaving in force the award setting aside the penalty.