Dr. AR. LAKSHMANAN, J. - (1.) This appeal is directed against the final judgment and order dated 22.07.2003 passed by the High Court of Karnataka at Bangalore in Writ Appeal No. 6439 of 2000. By the impugned judgment, the Division Bench, while disposing of the appeal, confirmed the findings of the Labour Court and of the learned single Judge with regard to reinstatement and set aside the findings on back-wages. Though the respondent has been served and the affidavit and proof of service stating therein that the show cause notice was received by the sole respondent on 04.11.2004, there was no response or representation on behalf of the respondent. The respondent was also called absent. We, therefore, decided to hear the appeal on merits and also carefully perused the pleadings, the order of the Labour Court, judgment of the single Judge and of the Division Bench of the High Court and other relevant records.
(2.) We also heard the learned argument of Ms. Anitha Shenoy, learned counsel for the appellant-Corporation. BACKGROUND FACTS: The respondent joined the Corporation as a conductor. While he was on duty, the appellant-Corporation noticed that he was under the influence of alcohol and did not issue tickets to the passengers. The appellant-Corporation issued Articles of Charge to the respondent-conductor and he replied to the same. The charges, which are grave in nature, are enumerated as below: 1. That it is reported that you are in a habit of consuming alcohol while on duty and created bad scene of the Corporation among the public by spoiling the image of the Corporation apart from financial loss to the Corporation. (not proved) 2. That on 27.12.90 you were booked on Devadurga Hosur N/o Schedule No.16/B. 16 along with Sri. Allapa driver No. 2022 but you were not able to discharge duties due to intoxication and after having consumed alcohol and you are not able to perform the schedule duty. In place another conductor had to be arranged in spite of acute shortage of conductor. (not proved) 3. Further the passenger of schedule No. 47 B/Hospet, 16B, Hosur N/o. were unnecessarily detained at bus stand from 21-15 hours to 22-30 hours, and you went away without getting dispatched from the Controller. (not proved) 4. That on 28.12.90 after completion of the abovesaid duties at about 14 hours, the KSRTC cash held by you was checked and found Rs. 360-95 as short and you were found in drunken condition. (proved)
(3.) Not satisfied with the reply, the appellant-Corporation conducted the enquiry in accordance with the principles of natural justice and Conduct and Discipline Regulations. The Inquiry Officer found the charges levelled against the respondent proved. A true copy of the Inquiry Report dated 11.12.1991 has been filed and marked as Annexure-P1. It is useful to reproduce the Inquiry Officers report in paras 4 and 5. "4. That act of misappropriation noticed after checking the waybill and many irregularities, namely failed to show the sale of tickets and overwriting. Several places not shown the number of passengers and trip-wise collection not mentioned, target of revenue was Rs. 1250/- but the delinquent deposit sum of Rs. 638/75 paise. Lastly cash was remitted very late; hence these are the imputations of statement. The M.W.1 has given the detail as to the manner how he notices the irregularities as violations and misconduct having found in drunken state on duty. In support he has got marked Exs. M.1 to 4, the documents which have not been refuted nor tested the veracity of witness. I have carefully examined the evidence of M.W.1 and the documents marked fully reveals that the delinquent has committed not only misconduct but misappropriated the cash by short remittance. I see no reason why the testimony of M.W.1 should be discarded when delinquent has failed to test the statement by cross-examination. 5. In reply by way of written defence the delinquent has simply denied the charges saying as baseless. On careful consideration of all the aspects of case unhesitantly I can say that the delinquent has not created a doubt of evidence led by management and I hold that management has fully brought home the charges. There is no reason to discard the testimony of M.W.1, accordingly I hold that all the charges have been proved by the management. Hence this report." ;