BOMMEGOWDA S/O NINGEGOWDA Vs. DIVISIONAL CONTROLLER KSRTC

JUDGEMENT

(1.) Though the matter is coming up for preliminary hearing in 'B' Group, with the consent of the learned counsels, the matter is heard and disposed of finally.

(2.) The petitioner is working as a Driver in the establishment of the respondent-Corporation. It is an admitted fact that on 31.12.2003 when the petitioner was driving a bus belonging to the Corporation, the same met with an accident which caused damage to the vehicle belonging to the respondent-Corporation. On an allegation of causing the accident, the respondent issued articles of charge dated 28.01.2004. The petitioner denied the allegation of misconduct. The respondent after conducting an enquiry imposed a punishment of reduction of three incremental stages of the petitioner from the basic pay with cumulative effect and ordered for recovery of one month's salary by way of ten monthly instalments towards damages and costs.

(3.) The petitioner raised an industrial dispute before the Industrial Tribunal at Mysore. The same was registered as reference No.133/2007. On 23.09.2010 the Presiding Officer of the Tribunal framed a preliminary issue as to whether the second party (the respondent herein) proves that the domestic enquiry held against the first party is just, fair and proper Thereafter, by order dated 06.11.2012, the Presiding Officer of the Tribunal held that the domestic enquiry conducted against the first party is not fair, proper and valid and thus answered the preliminary issue in the negative.