DEVARAJ URS Vs. MYSORE STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioner in WP.94 of 1966 was recruited as a conductor on 26-2-1962 by the Divisional Controller, Mysore State Road Transport Corporation, Mysore Division. In respect of some alleged misconduct or misdemeanour, a disciplinary enquiry was held aainst him and he was dismissed from service by an order dated 9-10-1964 made by the said Divisional Controller, Mysore Division. An appeal against the same by him presented to the General Manager at Bangalore was dismissed. Thereupon he presented the above WP.94/1966 to this Court which was disposed of on 16-10-1968. The judgment of this Court is reported at page 631 of 1968(2) Mysore Law Journal. This Court upheld the petitioners ontention that the power of dismissal could be competently exercised only by the Deputy General Manager of the Bangalore Division, in view of the express provisions of Standing Order No.XIII of the Standing Orders applicable to the Mysore Government Road Transport Department (MGRTD) . Accordingly, this Court set aside the impugned order of the Divisional Controller as well as the appellate order of the General Manager and further directed that the petitioner will be entitled to all the advantages and benefits flowing from the order of this Court including reinstatement, arrears of pay, increments and the like.

(2.) The petitioners in the other four petitions are also conductors appointed by the Divisional Controller of the Divisions in which they had been respectively recruited. Some of them are of Hassan Division, some of Mysore and some of Gulbarga and Bellary Divisions. The facts of their cases are also similar, namely, that in disciplinary enquiries held against them, they were dismissed by orders made by the respective Divisional Controllers. Applying the decision in WP.94/66, these writ petitions also were allowed and the impugned orders of dismissal quashed.

(3.) The General Manager of the Mysore State Road Transport Corporation who was impleaded as respondent 1 in all these cases, preferred against the orders of this Court, appeals to the Supreme Court of India. Before the Supreme Court his Counsel raised several contentions which are summarised as follows in the order of the Supreme Court: