K V R SHETTY Vs. SECRETARY TO GOVT HOME DEPT KARNATAKA

JUDGEMENT

(1.) This is the third round of litigation between the management and employees of the Karnataka State Road Transport Corporation (in short 'Corporation') touching the standing orders for taking disciplinary profeeding? against the employees of the Corporation. The first case decided by the Supreme Court is reported, in Mysore State Road Transport Corporation v. Gopinath Gundachar Char, (1968) 2 LLJ. 144 SC. and the second case, if, reported in General Manager, Mysore State Road Transport Corporation v. Deuaraj Urs, (1976) 2 LLJ. 306. Both these cases related to the standing orders touching the service conditions of the employees of the Corporation, more specifically the Standing Orders applicable to disciplinary proceedings against the employees for misconduct.

(2.) In this writ petition, the petitioner has: challenged the validity of Part-in of the Regulations known as the Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations 1971 (in short, 'Regulations') made by the Corporation with the sanction of the State) Go vernment and published in the Karnataka Gazette dated 8-4-1972 by notification No. HD 109 TRE 71 dated 15-3-1972. The petitioner is an employee of the Corporation. For a certain alleged misconduct, by an order dated 18-11-1976, he was kept under suspension pending enquiry into the alleged misconduct. The order further staged that during the period, of suspension he should be paid a subsistence allowance of an amount equal to fifty per cent of his gross pay or wages The order was issued by the competent authority under the Regulations, i.e., the Deputy General Manager (respondent No. 3). Thereafter, by a notice dated 13/ 17-10-1978, the enquiring authority, acting under the relevant Regulations, intimated the final date of hearing and enclosed a copy of the proceedings of the earlier date on which the petitioner had remained absent. On receipt of this notice the petitioner has approached this Court under Art. 226 of the Constitution of India, praying inter alia, for issue of a writ in the nature of certiorari quashing the provisions of Part-Ill of the Regulations, under which the enquiry was sought to be held against him for the alleged mis conduct and for quashing the entire proceedings instituted, against him by the Deputy General Manager, the third respondent, under Exhibit-C, i.e., the chargesheet. At the time, of hearing, the, petitioner filed an application, for urging certain additional grounds which are as follows: -

(3.) A few facts culminating in the promulgation of the Regulations will he set out for a proper appreciation of the contentions of the petitiener. The Corporation was created under the provisions of the Road Transpqrt Corporation Act, 1950, (in short the Act). Prior to the formation of the Corporation the nationalised, transport fervice in the former State of Mysore was directly run by the Department of the State. Government called the Mysore Government Road Transport Department (M.G.R.T.D) . At that time, in and around the City of Bangalore, buses for commuters were operated by a company known as the Bangalore Transport Company. After the nationalisation of this Company on and from 1.10.1956, the management of its erstwhile business was paced under a separate unit of M.G.R.T.D. known as Bangalore Transport Service (B.T.S).