K S RAGURAMAIAH Vs. KARNATAKA STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) In this writ petition the petitioner, who was a conductor in the service of the Karnataka State Road Transport Corporation (hereinafter referred to as "the Corporation" has prayed for quashing the order made by the deputy general manager, K.S.R.T.C., Sirsi, North Kanara, discharging the petitioner from the service.

(2.) In the writ petition the petitioner has alleged that though the impugned order is innocuously worded and it is made to appear that it is discharge simpliciter, in fact, and in truth it is a penalty of removal from service, imposed against him for the misconduct alleged against him. In support of his submission, the petitioner has also produced an offence memo dated 7th July, 1977, which was served on him (Ext. A) and has stated that he was found guilty on the charges without holding an enquiry and was removed from service by the impugned order.

(3.) It is well-settled that though an order of discharge simpliciter is passed against a probationer, it does not preclude the Court from finding out as to whether the order of discharge was in the nature of penalty imposed for any misconduct without enquiry or a simple discharge order based on the formation of opinion that the probationer concerned is not suitable for the post of which he had been appointed on probation. If, after considering all the facts and circumstances of the case, the Court finds that the order was based on an assessment of the suitability of the concerned probationer for the post, without reference to any misconduct, if any alleged against him, the order was to be upheld, but if it was based on any alleged charges, it has to be set aside notwithstanding its form. (See T. S. Chandrasekharaiah v. Karnataka State Road Transport Corporation, B.T.S. Division, Bangalore, writ Petition No. 7171 of 1978 dated 4-12-78 - since reported at p. 407 (supra).