The Karnataka Excessive Court docket lately confirmed the dismissal of a Bangalore Metropolitan Transport Company (BMTC) driver who secured the job by submitting a cast faculty doc, following inquiry and court docket circumstances that lasted over 24 years.
The driving force, Malurappa, secured the job with the BMTC in 1988, submitting a college switch certificates that indicated that he had accomplished education till Class 9. Nonetheless, this certificates was later discovered to be a cast doc, and the BMTC started an inquiry in opposition to him in 2001.
The inquiry discovered that he had solely studied as much as Class 1, whereas the minimal qualification for his put up was training as much as Class 4. The BMTC dismissed him from service in 2005 and he challenged his dismissal earlier than a labour court docket, which restored the motive force’s place in 2016, stating that the punishment was excessively harsh.
In 2017, the BMTC filed a petition with the Karnataka Excessive Court docket difficult the labour court docket ruling. In February 2024, a single-judge bench of the excessive court docket put aside the labour court docket verdict and upheld the BMTC’s choice to terminate Marulappa, who subsequently filed an enchantment earlier than a division bench in opposition to the single-judge bench’s order.
Malurappa’s counsel argued that as per a 1983 round, grounds of suppression of information couldn’t be a trigger for termination of an worker who had rendered service for a substantial time frame. It was identified that on the time of termination, he had been driving for the BMTC for 17 years. He additionally argued that the case of Okay VS Ram vs BMTC earlier than the Supreme Court docket could be in Malurappa’s favour.
On January 14, 2015, the Supreme Court docket restored a labour court docket’s choice, reinstating BMTC driver Okay V S, who was accused of utilizing a false switch certificates and dismissed in 2004.
Within the July 25 order dismissing Malurappa’s enchantment, the division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi, disagreed with the motive force’s counsel’s argument, stating that within the case of Ram, there had been a niche of 14 years between serving the articles of cost and his dismissal.
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The court docket defined that within the case of Malurappa, the articles of cost had been issued to him on June 30, 2001 and the findings of the inquiry officer had been furnished to him in 2003. It mentioned the appellant was additional given a chance to reply and he was terminated from the service on July 27, 2005.
“Thus, there was no delay in conducting the disciplinary enquiry,” the court docket famous, including that the round cited by the petitioner was not related to the information of this case.