Karnataka High Court
Administrative and Public LawEmployment and Labour Law

Writ courts cannot reappreciate disciplinary evidence where findings are supported by some evidence.

SUBBAIAH vs THE DIVISIONAL CONTROLLER

Karnataka High CourtJUDGMENT: September 16, 20262 MIN READSOURCE JUDGMENT
Writ courts cannot reappreciate disciplinary evidence where findings are supported by some evidence.. SUBBAIAH vs THE DIVISIONAL CONTROLLER. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a KSRTC Driver-cum-Conductor, was charged after checking officials allegedly found a passenger travelling without a ticket and accused him of obstructing the inspection, provoking passengers, and refusing to sign the offence memo.

Source reference: para. 2, 9–10

Following a domestic enquiry, the charges were held proved, and the Disciplinary Authority imposed permanent reduction by two stages in basic pay and recovery of ₹5,000 in 20 instalments.

Source reference: para. 3

The Tribunal held the domestic enquiry fair, proper and valid; the petitioner did not challenge that preliminary finding. It rejected the reference on the merits, prompting this writ petition under Articles 226 and 227.

Source reference: para. 4–5
02

Issues

Whether the Enquiry Officer’s findings that the charges were proved were perverse or illegal, warranting interference under Articles 226 and 227.

Source reference: para. 12

Whether the failure to collect the allegedly ticketless passenger’s address or particulars, by itself, vitiated the domestic enquiry.

Source reference: para. 6(v), 16
03

Law Applied

Under Articles 226 and 227, judicial review of disciplinary and industrial adjudication is supervisory, not appellate: the reviewing court does not reappreciate evidence merely because another view is possible or the evidence is alleged to be insufficient. Interference may be justified where the process violates natural justice or prescribed procedure, or where findings are perverse, arbitrary, or based on no evidence.

Source reference: para. 19–21

The Court also relied on Uttar Pradesh State Road Transport Corporation v. Gajadhar Nath, 2022 Lab. I.C. 323, for the proposition that failure to obtain passengers’ names and addresses does not, by itself, invalidate evidence of misconduct in a domestic enquiry.

Source reference: para. 16
04

Reasoning

The Tribunal’s finding that the enquiry was fair, proper and valid had not been challenged, leaving the Court to consider whether the findings were perverse or unsupported by evidence.

Source reference: para. 11–12

The Corporation’s witness testified that a passenger was travelling without a ticket, a fine was collected, and the petitioner obstructed the checking staff; the Corporation produced the penalty receipt, unpunched ticket, offence memo and report.

Source reference: para. 13

The petitioner elicited no material in cross-examination to contradict the witness and produced no evidence supporting his claim that he had issued tickets to all 32 passengers. Applying the limited-review standard, the Court held that this evidence could reasonably support the findings.

Source reference: para. 13–14

The absence of the passenger’s address did not, on its own, undermine the enquiry.

Source reference: para. 15–16, 22–23
05

Holding

The Court held that the Enquiry Officer’s findings were neither perverse nor illegal and that the Disciplinary Authority had rightly imposed the penalty on the basis of the enquiry report.

Finding the writ petition devoid of merit, it dismissed the petition.

Source reference: para. 24
Karnataka High Court

Original Court PDF

SUBBAIAHvsTHE DIVISIONAL CONTROLLER

Karnataka High Court · September 16, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment