DIVISIONAL CONTROLLER KSRTC Vs. A.R. SOMEGOWDA
LAWS(KAR)-2015-12-128
HIGH COURT OF KARNATAKA
Decided on December 04,2015

DIVISIONAL CONTROLLER KSRTC Appellant
VERSUS
A.R. Somegowda Respondents

JUDGEMENT

B. Veerappa, J. - (1.)The petitioner -Corporation has filed the above writ petition against the award dated 15th January 2009 made in Reference No. 26/2006 on the file of Presiding Officer, Industrial Tribunal, Mysore holding that preliminary issue was answered in negative and reference was allowed with cost of Rs. 1,000/ - and set aside the punishment imposed by the Disciplinary Authority and consequently, it was clarified that the workman is entitled for all consequential benefits.
Brief facts of the case are as under:

(2.)The respondent was working as an Assistant Artisan of the petitioner -Corporation. While he was working, the petitioner -Corporation has issued Article of Charges on 16.11.1995 for his misconduct/misbehaviour committed on 16.10.1995 at Central Bus Stand, Mysore, in connection with instigation, threatening to the loyal workers; obstruction of KSRTC vehicles and thereby causing inconvenience to the traveling general public, for which he was arrested and a criminal case has been registered against him in Crime No. 95 under provisions of Ss. 143, 147, 353 IPC read with Sec. 14 of Karnataka Essential Service Maintenance Act, 1994.
(3.)In response to the said article of charges, the respondent has filed objections denying the allegations made against him. Therefore, the Disciplinary Authority initiated enquiry proceedings and the Enquiry officer after giving opportunity to the respondent and after following the procedure, submitted his Enquiry Report on 11.06.2004 holding that the charges leveled against the respondent are proved.


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