Karnataka High Court
R M Narayana vs Bangalore Metropolitan Transport ... on 4 July, 2013
Bench: K.L.Manjunath, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 04TH DAY OF JULY 2013
BEFORE:
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT APPEAL No.18024/2011 (L-KSRTC)
BETWEEN:
R.M.NARAYANA,
S/O MUNINANJAPPA,
AGE : 47 YEARS,
RAMANTHAPURA KAYIRA POST,
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT,
BANGALORE - 562 110.
... APPELLANT
(By Sri : E.R.DIWAKAR, Adv.)
AND:
BANGALORE METROPOLITAN
TRANSPORT CORPORATION,
K.H.ROAD, BANGALORE - 27.
BY ITS CHIEF TRAFFIC MANAGER,
REPRESENTED BY ITS
CHIEF LAW OFFICER.
...RESPONDENT
(By Smt : H.R.RENUKA, Adv.)
2
THIS WRIT APPEAL IS FILED UNDER SECTION 4
OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER PASSED IN THE WRIT PETITION
No.12873/2010 (L-KSRTC) DATED 21.07.2011.
This appeal coming on for orders, this day,
RAVI MALIMATH, J., delivered the following:
JUDGMENT
The appellant was appointed as a Driver in the Respondent Corporation. At the time of appointment, he produced a Transfer Certificate issued by Sri.Ramakrishna High School, Bettakote, Devanahalli Taluk, Bangalore Rural District certifying that to be a student of that school. On verification, it was found that it was a fabricated certificate and disciplinary enquiry was initiated and also articles of charges were issued. The Disciplinary Authority holding an enquiry dismissed him from service leading to initiation of conciliation proceeding under the Industrial Disputes Act, which when failed, the State Government referred 3 the points of reference to the Labour Court, Bangalore for adjudication.
2. The Labour Court modified the order of punishment of dismissal to reinstatement by withholding four increments with cumulative effect as a measure of punishment. Aggrieved by the same, the Respondent Corporation filed a writ petition in W.P.No.12873/2010 wherein the learned single Judge by order dated 21.07.2011 allowed the same rejecting the reference. Aggrieved by the same, the present appeal is filed.
3. Learned counsel for the appellant contends that the question of fabrication of false school certificate would not arise for consideration. The Labour Court has rightly held that since there is no minimum qualification required for the post of driver, contents of transfer certificate was required only to 4 ascertain the date of birth. Under these circumstances, the learned single Judge has committed an error by rejecting the reference.
4. Learned counsel for the respondent defends the impugned order.
5. On perusal of the records, we are of the considered view that no error committed by the learned single Judge which calls for any interference. The enquiry held against the appellant would show that he has submitted a false transfer certificate and that the job has been obtained by him on the basis of such false certificate. No falsity would be condoned which is apparent that the entire employment is based only on this certificate where the certificate is necessary only to ascertain his date of birth and where minimum qualification is required is wholly inconsequential. The fact remains that the appellant 5 relied on the certificate in order to secure employment. The learned single Judge by relying on catena of decisions allowed the writ petition rejecting the reference. Considering the same, we are of the view that there is no error committed by the . learned single Judge, which calls for interference. The order of the learned single Judge is just and proper. No employment would be sustained on the basis of false certificate. Consequently, the writ appeal is dismissed.
Sd/-
JUDGE Sd/-
JUDGE dh*