- 1 - HC-KAR NC: 2025:KHC:46806-DB WA No. 1693 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1693 OF 2024 (L-KSRTC) BETWEEN: SRI. A.SHANKARAPPA SINCE DEAD BY LR, 1. SMT. KALAVATHI W/O LATE SHANKARAPPA, AGED ABOUT 55 YEARS, 2. SHIVAKUMAR S/O LATE SHANKARAPPA, AGED ABOUT 36 YEARS, NO.75, 2ND CROSS, SONNENAHALLI, VIVEKANANDNAGAR, BANGALORE-560 047. …APPELLANT (BY SRI. SRINIVASA.K., ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY, CENTRAL OFFICE, SHANTINAGAR, BANGALORE-560 027. NOW REPRESENTED BY ITS CHIEF LAW OFFICER, BMTC, CENTRAL OFFICE, K.H.ROAD, BANGALORE-560 027. - 2 - HC-KAR NC: 2025:KHC:46806-DB WA No. 1693 of 2024 2. BLOCK EDUCATION OFFICER, BANGALORE NORTH REGION, MALLESHWARAM, BANGALORE-560 003. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, BANGALORE-560 001. …RESPONDENTS THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED IN WP NO.58620/2017 DATED 02/01/2024 AND CONSEQUENTLY DISMISS THE WRIT PETITION BY RESTORING THE AWARD PASSED BY THE III ADDITIONAL LABOUR COURT, BANGALORE IN ID NO.06/2015. THIS APPEAL, COMING ON FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) - 3 - HC-KAR NC: 2025:KHC:46806-DB WA No. 1693 of 2024 This Writ Appeal has been filed, assailing the judgment and order dated 02.01.2024 passed by the learned Single Judge in W.P. No. 58620 of 2017. The said Writ Petition was filed by the respondent-Corporation, challenging the award dated 09.10.2015 (passed on 18.01.2017) in Industrial Dispute No. 6 of 2015 by the III Additional Labour Court, Bengaluru. 2. The factual matrix is as follows: The appellant- workman was appointed as a Driver in the respondent- Corporation. At the time of appointment, he produced a Transfer Certificate (TC) bearing No. 47/80-81 (Admission No. 33/79-80), allegedly issued by the Headmaster, Vidya Mandira Boys Primary School, Bengaluru, certifying that he had passed the seventh standard. Subsequently, on 21.01.1997, the appellant gave a representation requesting the return of this TC for the preparation of a "voluntary certificate." Thereafter, he produced another TC bearing No. 57/2000-2001 (Admission No. 277/69-70) issued by the Government Kannada Medium Girls High - 4 - HC-KAR NC: 2025:KHC:46806-DB WA No. 1693 of 2024 School, Srirampura, Bengaluru, instead of the original TC submitted at the time of appointment. 3. The Corporation, noticing these discrepancies, conducted a preliminary inquiry and obtained a report from the Block Education Officer through the Divisional Security Inspector. The Block Education Officer's report stated that the entry in the school records of the Government Kannada Medium Girls High School was suspicious. The appellant himself, in a representation, admitted that he had submitted a bogus TC at the time of his appointment (1980-81) and had taken it back to submit a "verified" TC. 4. Consequently, a charge memo was issued to the appellant. An elaborate inquiry was conducted by the Inquiry Officer, who found the charge—of obtaining appointment by submitting a bogus Transfer Certificate— proved against him. The Disciplinary Authority, having considered the inquiry report and as the appellant - 5 - HC-KAR NC: 2025:KHC:46806-DB WA No. 1693 of 2024 submitted no reply to the show-cause notice, imposed the penalty of dismissal from service. 5. The workman raised an industrial dispute under Section 10(4-A) of the Industrial Disputes Act, 1947. The Labour Court, by its award dated 18.01.2017, set aside the order of punishment. It did so primarily on the grounds that the workman had served for over 21 years, the inquiry was completed in 2002 but the punishment order was passed belatedly in 2014, and the workman was left with only about six years of service. Notably, the Labour Court did not find any infraction in the conduct of the disciplinary proceedings themselves. 6. In the impugned judgment, the learned Single Judge took a contrary view. It was held that the appellant- workman had obtained employment in the Corporation by playing a fraud, as he submitted a bogus TC. Consequently, his appointment was void ab initio. The learned Single Judge observed that the appellant's act - 6 - HC-KAR NC: 2025:KHC:46806-DB WA No. 1693 of 2024 subverted the legitimate selection process and deprived a rightful beneficiary of employment. 7. The present appeal is filed by the workman, challenging the order of the learned Single Judge. However, it is an undisputed and established fact that the appellant secured public employment by fraudulent means—specifically, by submitting a bogus TC claiming he had passed the 7th standard. An appointment obtained by fraud is void from its very inception (void ab initio). The appellant's long continuation in service, however protracted, cannot cure this fundamental defect or confer upon him any legal right to the benefits of such service. 8. In light of the above, we are in complete agreement with the reasoning and conclusion of the learned Single Judge. We find no error in the impugned judgment warranting interference by this Court. 9. The Writ Appeal is devoid of merit and is, accordingly, dismissed. In the circumstances of the case, - 7 - HC-KAR NC: 2025:KHC:46806-DB WA No. 1693 of 2024 there shall be no order as to costs. All pending applications, if any, stand disposed of. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 15 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA