- 1 - HC-KAR NC: 2025:KHC:46091 WP No. 9794 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 9794 OF 2021 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER KSRTC, CHICKABALLAPUR DIVISION, CHICKABALLAPUR - 562 101, NOW REPRESENTED BY, THE CHIEF LAW OFFICER, KSRTC, CENTRAL OFFICE, SHANTHINAGAR, SARIGE SADANA, BANGALORE - 560 027. …PETITIONER (BY SMT. H.R. RENUKA., ADVOCATE) AND: 1. SRI. M.N. PRASANNA KUMAR REPRESENTED BY THE, PRESIDENT, KSRTC AND BMTC UNITED EMPLOYEES UNION, NO.23, 4TH MAIN ROAD, MATHIKERE EXTENSION, BENGALURU - 560 054, SINCE DECEASED BY LRs SMT. AROGYA RANI AGED ABOUT 52 YEARS, W/O LATE PRASANAN KUMAR M.N, 2. METHUSH KUMAR P S/O LATE PRASANNA KUMAR M.N, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46091 WP No. 9794 of 2021 AGED ABOUT 30 YEARS, BOTH ARE RESIDING AT, 10TH BLOCK, 23RD WARD, BEHIND BESCOM, BAGEPALLI TOWN, CHIKKABALLAPURA DISTRICT - 561 207. …RESPONDENTS (R1 SERVED AND UNREPRESENTED; VIDE ORDER DATED 11.01.2022 SERVICE OF NOTICE TO R2 HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.H.R.Renuka., counsel for the petitioner has appeared in person. 2. An emergent notice to the respondents was ordered on 07.06.2021. A perusal of the office note depicts that respondent No.1 is served and unrepresented. A perusal of the daily order sheet depicts that notice to respondent No.2 is held sufficient vide order dated:11.01.2022. They have neither engaged the services of an advocate nor conducted the case as party in person. Hence, this Court proceeds to pass orders on the merits of the case. - 3 - HC-KAR NC: 2025:KHC:46091 WP No. 9794 of 2021 3. The brief facts are these: Sri.M.N.Prasanna Kumar - the workman was appointed as a Conductor in the establishment of the Corporation at Chikkaballapur Division. On 24.10.2001, he was discharging the duties in the bus that belonged to the Corporation bearing No.F-615 that was plying on the route from Bagepalli to Mumdabad. The checking officials intercepted the bus at Thimmappanahalli and it was found that there were 30+00+00 passengers in the bus and the respondent had collected fare but not issued tickets worth of Rs.4/- each from eight passengers who were traveling from Goolur to Sakavandrapalli and thereby committed the misconduct of Non-issuance of tickets after collection of fare and misappropriated the revenue of the Corporation. The respondent was issued with articles of charge. He submitted his reply to the articles of charge. The explanation was not satisfactory, the Disciplinary Authority decided to hold an inquiry by appointing the inquiry officer. After appreciating the law and the facts and following principles of natural justice, the inquiry officer submitted his findings holding that the charges are proved. The second show cause - 4 - HC-KAR NC: 2025:KHC:46091 WP No. 9794 of 2021 notice was issued. He submitted his reply to the same. The disciplinary taking note of the material on record, passed an order of punishment on 22.10.2018 postponing one annual incremental stage with cumulative effect and treating the suspension period as 'not on duty'. Aggrieved by the order of punishment, after lapse of almost four years, the respondent raised a dispute and the same came to be referred for adjudication to the Industrial Tribunal, Bengaluru in I.D.No.301/2012. The Tribunal held that the domestic inquiry conducted by the Corporation was fair and proper. The Industrial Tribunal vide award dated 04.12.2019 set aside the order of punishment. This award is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. 4. Counsel for the petitioner has urged several contentions. Heard arguments and perused the Writ papers with care. Counsel for the petitioner submits that a memo has been filed furnishing the true copies of Exs.M2, M3, M5 and M7. - 5 - HC-KAR NC: 2025:KHC:46091 WP No. 9794 of 2021 Counsel, therefore, submits that the same may be placed on record. Submission is noted. Memo is placed on record and perused the same with care. 5. The point that requires consideration is whether the Award of the Industrial Tribunal requires interference. 6. The facts are sufficiently said and do not require reiteration. Suffice it to note that the workman came under a disciplinary inquiry proceedings and was visited with an order of punishment. The charge made against the workman was that non- issue of tickets despite collection of fare from a group of eight passengers traveling from Goolur to Sakavandrapalli. The workman contended that he had issued tickets to all the passengers, the eight passengers were traveling in a group and were headed by a group leader and he had lost the tickets. It is also contended that after the issuance of the penalty receipt, the group leader produced the tickets and stated that - 6 - HC-KAR NC: 2025:KHC:46091 WP No. 9794 of 2021 the tickets were stuck inside the baby's shirt. The workman contended that he has been victimized. The Tribunal pardoned the misconduct on the sole ground that the Corporation has not obtained the passengers statement. This is untenable. The reason is apparent. A perusal of Ex.M.3 depicts that the Checking officials obtained the statement of ticketless passengers. Hence, the Tribunal could not have concluded that the Corporation has not obtained passengers' statement. Ex.M.7 is the Waybill. A perusal of the same reflects that there were 30+00+00 passengers in the bus, however the respondent had failed to issue tickets to eight passengers despite collection of requisite fare. It is not in dispute that the ticketless passengers had also paid penalty of Rs.320/- under receipt No.052597 and the workman had affixed his signature on the same. The conclusion of tribunal that no loss is caused to the Corporation is also untenable. Non-issue of tickets despite collection of requisite fare from the passengers amounts to dereliction of duty and causes loss to the exchequer. The duty - 7 - HC-KAR NC: 2025:KHC:46091 WP No. 9794 of 2021 of a Conductor is to issue tickets, collect the fare and account for the same. He is paid salary for this work. In the present case, the workman had failed to discharge his duties diligently and honestly. Needless to observe that taking note of the past conduct is a mandate requirement as per Regulation 25 of the KSRTC (Conduct & Discipline) Regulations, 1971. In the present case, the delinquent was involved in sixty-two cases in the past. The disciplinary authority took note of the material on record and rightly passed the order of punishment. Moreover, setting aside the order of minor penalty is without jurisdiction in as much as the Tribunal has no power to set aside the minor penalty. The Tribunal could not have been pressed into service the aspect of minor penalty. Hence, setting aside the order of minor punishment is unsustainable in law. I may venture to say that the Tribunal has failed to have regard to relevant considerations and disregarded relevant matters. For the reasons stated above, the award passed by the Tribunal is liable to be set aside. Accordingly, it is set aside. - 8 - HC-KAR NC: 2025:KHC:46091 WP No. 9794 of 2021 7. The Writ of Certiorari is ordered. The award dated 04.12.2019 passed by the Industrial Tribunal, Bengaluru in I.D No.301/2012 vide Annexure-A is quashed. The order of minor punishment dated 22.10.2008 is confirmed. 8. Resultantly, the Writ Petition is allowed. Because of disposal of the Writ Petition, interim order if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE MRP,KMV List No.: 2 Sl No.: 11