SHRI NARAYAN DHONDUBA CHAVAN v. THE DIVISIONAL CONTROLLER
WP/103302/2024 · 2025-10-28
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37728 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37728 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14451 WP No. 103302 of 2024
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103302 OF 2024 (L-KSRTC)
BETWEEN:
SHRI NARAYAN DHONDUBA CHAVAN, AGED ABOUT 66 YEARS, OCC. DRIVER (RETIRED) NWKRTC, R/O. JOSHIWADA, JOSHI GALLI, NIPPANI, DIST. BELAGAVI-590 001.
… PETITIONER (BY SRI. VINAYKUMAR BHAT, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER, NWKRTC, CHIKKODI DIVISION, CHIKKODI, DIST. BELAGAVI-591 201.
… RESPONDENT (BY SRI. PRASHANT S.HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE AWARD PASSED BY THE DISTRICT JUDGE AND PRESIDING OFFICER INDUSTRIAL TRIBUNAL, HUBBALLI IN ID NO.254/2017, DATED 05/10/2023, IN SO FAR AS TWO UNNUMBERED PARAS IN OPERATIVE PORTION IS CONCERNED, VIDE ANNEXURE-C, AND CONSEQUENTLY DIRECT THE RESPONDENT-CORPORATION TO CALCULATE THE AMOUNT PAYABLE AND EXTEND THE BENEFITS OF THE SAME AS DIRECTED IN THE UNNUMBERED PARA 3 OF THE AWARD DATED 05/10/2023 PASSED IN ID NO.254/2017, ON THE FILE OF DISTRICT JUDGE AND PRESIDING OFFICER INDUSTRIAL TRIBUNAL, HUBBALLI, VIDE ANNEXURE-C, BY FIXING OUTER LIMIT.
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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HC-KAR NC: 2025:KHC-D:14451 WP No. 103302 of 2024
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
This petition is filed assailing the order of the Industrial Tribunal, Hubballi (‘Tribunal’, for short) in I.D.No.254/2017.
2. The petitioner has questioned the order of the Disciplinary Authority imposing a penalty of reduction of one increment for a period of 5 years.
3. The Tribunal on appreciation of evidence has concluded that the charges are not proved. The Tribunal has confirmed the penalty imposed.
4. However in the last paragraph, there is a direction to calculate the monetary benefits payable to the petitioner.
5. The petitioner is aggrieved by only the portion of the
order which has confirmed the order of the Disciplinary Authority.
6.
Learned counsel for the respondent submits that the respondent/Corporation has not challenged the award.
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HC-KAR NC: 2025:KHC-D:14451 WP No. 103302 of 2024
7. Since the petitioner is exonerated and charges are held to be not proved, the operative portion of the order confirming the penalty has to be set aside. The remaining operative portion of the order which directs calculation of the monetary benefits payable to the petitioner has to be upheld.
8. Hence, the petition is allowed as prayed for.
9. The impugned order affirming the penalty imposed by the Disciplinary Authority is set aside.
10. The petitioner is entitled to the monetary benefits as
directed in terms of the impugned award.
11. The order shall be complied within 3 months from the date of receipt of the copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE
CLK CT:BCK LIST NO.: 1 SL NO.: 37