Subhash v. Divisional Controller M.S.R.T.C. and Anr.

Judgment

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6376 of 2009. 1 From the Judgment & Order dated 15.10.2007 of the High Court of Judicature at Bombay, Bench at Aurangabad in Writ Pet\tion No. 1389 of 2006. Uday B. Dube and Kuldip Singh for the Appellant. R.S. Hegde, P.P. Singh and.Asha Gopalan Nair, (NP) for the Respondents. The Judgment of the Court was delivered by R.M. LOOHA, J.

1Leave granted. ;:;I

2Whether the departmental appellate aut~ority was justified in ordering fresh appointment to the appellant while setting aside the order of dismissal from service or it ought to have ordered reinstatement with continuity of. service and full back wages? This is the question that falls to be determined in this appeal by special leave. ·· 3. Subhash Kondiba Sontakke - the appellant - came to . D. be employed as driver in 1980 with Maharashtra State Road Transport Corporation (for short, 'Corporation'). He was made perman~ntin 1985. On September 28, 2000, the appellant was on duty on Beed-Dharur route. While driving bus (MH-20-0- 4332) on that route on that day, it is alleged that the bus ramped oh the railing of the bridge near Chinchavan village due to rash and negligent driving of the appellant and that resulted in damage to the bus. The Transport Officer,' Beed, held an enquiry into the accident and after receipt 'at the. repok, the r disciplinary authority issued charge-sheet to the, appell~nt on ,:l. November 20, 2000. The disciplinary authority also appointed Inquiry Officer to enquire into the charge(s) against the appellant.

4The appellant responded to the charge-sheet and denied the allegations made therein. His defence was that the accident occurred due to mechanical failure and breakage of rear spring.

5The Inquiry Officer, after conclusion of the enquiry, held that charges ·were proved against the appellant. The _,,j.:;.J SUBHASH v. DIVISIONAL CONTROLLER M.S.R.T.C. :509 AND ANR. [R.M. LODHA, J.] disciplinary authority, upon receipt of the enquiry report, issued A notice to the appellant to show cause as to why he should not be dismissed from service and after getting the response from the appellant, vide order dated April 16, 2001, dismissed the appellant from service.

6The appellant challenged the order of dismissal by filing B departmental appeal before the First Appellate Authority. The First Appellate Authority decided the appeal on May 21, 2001 whereby he set aside the order dismissing the appellant from service and directed that the appellant be appointed afresh C without al;ly monetary benefits for the past service.

7The appellant, consequent upon the order of the First .P,ppellate Authority, joined his duties on June 4, 2001 reserving his right to challenge that order denying him reinstatement with continuity of service and back wages.

8On June 16, 2001, the appellant preferred appeal before 2nd Appellate Authority. The departmental 2nd appeal was dismissed on March 20, 2002.

9The appellant then filed a complaint under Section 28 E r/w item nos. 5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, 'Act, 1971 ') before the Industrial Court, Aurangabad. The said complaint was dismissed by Industrial Court on October 15, 2005, inter alia, holding that the ~ F order of First Appell_ate Authority warranted no interference.

10The appellant challenged the order of the Industrial Court in a writpetition before the High Court of Judicature at _1 ~ Bombay, Bench at Aurangabad. The Single Judge did not find G any merit in the writ petition and dismissed the same on October 15, 2007.

11That there was negligence on the part of the appellant \n driving the bus on September 28, 2000 on Beed- Dharur route and as a result of which the bus ramped on the railing of H