Case Note & Summary
The petitioner, Syed Shabbir Hussain, was a Traffic Controller in the North East Karnataka Road Transport Corporation (NEKRTC), having been appointed as a Conductor on 02.02.1975 in the Karnataka State Road Transport Corporation. He retired on 30.06.2013. A disciplinary inquiry was initiated against him for alleged misconduct, and a show cause notice was issued. The petitioner submitted his explanation, but the disciplinary authority, without considering the explanation or his past service record, imposed a penalty of reduction to the minimum scale of pay and treated the period of suspension as suspension only, vide order dated 23.07.2013. The petitioner challenged this order by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking certiorari to quash the order and consequential benefits. The respondents, including the Government of Karnataka and NEKRTC, opposed the petition. The court examined the records and found that the disciplinary authority had not applied its mind to the petitioner's explanation or his past service record, and the charges were not proved by any evidence. The court held that the penalty order was arbitrary and unsustainable, and accordingly quashed the order and directed the respondents to grant all consequential benefits to the petitioner.
Headnote
A) Service Law - Disciplinary Proceedings - Penalty Order - Non-Application of Mind - The disciplinary authority imposed a penalty of reduction to minimum scale of pay without considering the petitioner's explanation and past service record, and the charges were not proved by evidence - Held that the order was arbitrary and liable to be set aside (Paras 1-6).
B) Constitutional Law - Writ Jurisdiction - Article 226 - Judicial Review of Disciplinary Orders - The High Court can interfere if the penalty order is based on no evidence or suffers from non-application of mind - Held that the impugned order was unsustainable (Paras 5-6).
Issue of Consideration
Whether the penalty order dated 23.07.2013 imposing reduction to minimum scale of pay on the petitioner was valid and sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 23.07.2013 (Annexure-B) is quashed. The respondents are directed to grant all consequential benefits to the petitioner, as if no order dated 23.07.2013 had been passed against him.
Law Points
- Disciplinary proceedings
- penalty order
- non-application of mind
- lack of evidence
- past service record
- natural justice
- Article 226
- Article 227
- Karnataka State Road Transport Corporation Service Regulations
Case Details
2016 LawText (KAR) (12) 25
Writ Petition No.202241/2014 (S-DE)
Sri P. Vilaskumar Marthand Rao (for petitioner), Smt. Archana P. Tiwari (AGA for R-1), Sri A.M. Patil (for R-2 & R-3)
The Government of Karnataka, The North East Karnataka Road Transport Corporation, The North East Karnataka Road Transport Corporation through its Divisional Controller
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Nature of Litigation
Service dispute challenging a penalty order of reduction to minimum scale of pay imposed by the disciplinary authority.
Remedy Sought
Petitioner sought a writ of certiorari to quash the penalty order dated 23.07.2013 and direction to respondents to grant all consequential benefits.
Filing Reason
Petitioner was aggrieved by the penalty order which was passed without considering his explanation and past service record, and without evidence proving the charges.
Issues
Whether the penalty order dated 23.07.2013 imposing reduction to minimum scale of pay on the petitioner was valid and sustainable in law.
Submissions/Arguments
Petitioner argued that the disciplinary authority did not consider his explanation and past service record, and the charges were not proved.
Respondents opposed the petition, but the court found no merit in their submissions.
Ratio Decidendi
A penalty order passed by a disciplinary authority without considering the employee's explanation and past service record, and without evidence proving the charges, is arbitrary and unsustainable. The High Court under Article 226 can interfere with such orders.
Judgment Excerpts
This petition is directed against a penalty order dated 23.07.2013 as at Annexure-B, by which, the petitioner, a Traffic Controller in the STU was imposed with a punishment of reduction to the minimum scale of pay and the period of suspension undergone was treated as suspension only.
The disciplinary authority has not applied its mind to the explanation submitted by the petitioner and his past service record. The charges are not proved by any evidence.
In the result, the writ petition is allowed. The impugned order dated 23.07.2013 (Annexure-B) is quashed. The respondents are directed to grant all consequential benefits to the petitioner, as if no order dated 23.07.2013 has been passed against him.
Procedural History
The petitioner was appointed as Conductor on 02.02.1975, later became employee of NEKRTC. A disciplinary inquiry was initiated, show cause notice issued, petitioner submitted explanation. Disciplinary authority passed penalty order on 23.07.2013. Petitioner filed writ petition on 2014-12-07, which was allowed.
Acts & Sections
- Constitution of India: Article 226, Article 227
