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2026 DAILYLAW 34048 (KAR)

THE DIVISIONAL CONTROLLER v. MR J V PARTHASARATHY

WP/22690/2021 · 2026-08-18

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010333482021 NC: 2026:KHC:44227 WP No. 22690 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 22690 OF 2021 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER BENGALURU CENTRAL DIVISION KSRTC, K.H. ROAD SHANTHINAGARA BENGALURU - 560 027 NOW REPRESENTED BY: THE CHIEF LAW OFFICER KSRTC, CENTRAL OFFICE SHANTHINAGAR SARIGE SADANA BANGALORE - 560 027 …PETITIONER (BY SMT. H.R. RENUKA, ADVOCATE A/W SRI. R.B. ANNEPPANAVAR, ADVOCATE) AND: MR. J.V. PARTHASARATHY AGED ABOUT 60 YEARS, REP. BY THE PRESIDENT, BANGALORE CENTRAL DIVISION, MAZDOOR SANGHA ®, BMS OFFICE, NO.48, OTC ROAD, COTTONPET BENGALURU - 560 053 …RESPONDENT (BY SRI. M.C. BASAVARAJU, ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010333482021 NC: 2026:KHC:44227 WP No. 22690 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 12.08.2026, THIS DAY, AN ORDER IS PRONOUNCED AS UNDER: CAV ORDER Smt.H.R.Renuka., counsel for the petitioner, along with Sri. Ajay R. Anneppanavar, and Sri. M. C. Basavaraju, counsel for the respondent, appeared in person. 2. The Short Facts are as follows. The respondent, appointed as a Conductor in the Corporation, was deputed on 04.04.2010 to the Tirupathi Ticket Counter. During inspection, the Deputy Chief Security and Vigilance Officer found unauthorized excess cash of Rs.3,300/- and two advance booking tickets valued at Rs.151/- and Rs.864/-. A report was submitted, Articles of Charge were issued, and upon inquiry, the charges were held proved. After considering the respondent’s reply to the second show-cause - 3 - HC-KAR CNR: KAHC010333482021 NC: 2026:KHC:44227 WP No. 22690 of 2021 notice, the Disciplinary Authority imposed punishment on 31.05.2011. Aggrieved, the respondent raised I.D.No.119/2013 before the Industrial Tribunal, Bengaluru. While holding the domestic inquiry fair and proper, the Tribunal, by award dated 03.01.2020, nevertheless set aside the punishment order. The Corporation has challenged the award in this writ petition. 3. Counsel for the respective parties presented several contentions. Counsel for the Respondent (Workman): submitted that the checking was not done during duty hours, as duty had already been completed. There is no proof of possession of two tickets, and they were not confiscated. Counsel for the Petitioner (Corporation): submitted that Ex.C1 and Ex.C2 clearly establish possession of excess cash and unauthorized tickets. The Tribunal erred in concluding that the Inquiry Officer’s findings were perverse merely because checking officials were not examined. The Tribunal wrongly held - 4 - HC-KAR CNR: KAHC010333482021 NC: 2026:KHC:44227 WP No. 22690 of 2021 that absence of loss to the Corporation justified setting aside the punishment. 4. The rival contentions are noted with utmost care. 5. The point for determination: Whether the Tribunal’s award warrants interference. 6. The facts are noted and need no repetition. The Tribunal found that the Corporation's domestic inquiry was fair and proper. The charges against the delinquent were possession of excess cash of Rs.3,300/- and unauthorized possession of two reservation tickets. Ex.C1, the Offence Memo, establishes these facts. Ex.C2 further reveals that the respondent was found in possession of the two tickets. Once the Tribunal concludes that the domestic inquiry was fair and proper, it has no jurisdiction to interfere with the validity of the inquiry, the punishment, or the Inquiry Officer’s findings, except on grounds of perversity or victimisation. The charge relates to possession of excess cash and unauthorized tickets. This has no nexus with any alleged loss to the Corporation. - 5 - HC-KAR CNR: KAHC010333482021 NC: 2026:KHC:44227 WP No. 22690 of 2021 Ex.C1 and Ex.C2 conclusively establish the charges. The Tribunal’s finding that the Inquiry Officer’s conclusions were perverse is untenable. The punishment imposed was minor. Managerial discretion in awarding such punishment could not have been interfered with. The Tribunal’s interference was premised on the absence of allegations of NIAC/NINC and non-examination of checking officials. However, the documentary evidence (Ex.C1 and Ex.C2) sufficiently establishes the charges. The Tribunal’s reasoning that no loss was caused to the Corporation is irrelevant, as the charge is possession of unauthorized tickets and excess cash. The punishment imposed was minor, proportionate, and within managerial discretion. 7. For the foregoing reasons, the Tribunal's award is unsustainable. The award dated:03.01.2020 passed by the Industrial Tribunal, Bengaluru in I.D.No.119/2013 is set aside. The punishment order imposed by the Corporation stands confirmed. 8. Resultantly, the writ petition is allowed. - 6 - HC-KAR CNR: KAHC010333482021 NC: 2026:KHC:44227 WP No. 22690 of 2021 Because of disposal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. MRP/List No.1 Sl.No.2 Sd/- (JYOTI M) JUDGE