High CourtsSingle Bench(2011) 12 KAR CK 0017

Y. Nagendrappa and Others vs The Managing Director, K.S.R.T.C., Central Office, K.H. Road, Shanthinagar, Bangalore-560027 and The Divisional Controller, K.S.R.T.C., Davangere Division, Davangere, Davangere District

Karnataka High Court · Decided on 7 December 2011

HON’BLE JUDGES
Ram Mohan Reddy, J
CASE NUMBER
Writ Petition No''s. 23726-23732 of 2011 (S-KSRTC)

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Judgment

5 paragraphs · 226 words

Ram Mohan Reddy

1.

Petitioners having been confirmed in service as either a Conductor or a Driver in the respondent - Road Transport Corporation, effective from the dates mentioned in the order dated 18.09.2006, Annexure -H, aggrieved by the orders of even date 26.05.2011, Annexure - K and K1 series of the respondent - corporation retracting from the dates of confirmation, have presented these petitions.

2.

There is force in the submission of the learned counsel for the petitioner that the orders, impugned are in violation of the principles of natural justice, in not extending an opportunity of hearing before passing the orders impugned. It is no doubt true that a right when invested in the petitioner by virtue of confirmation in service from particular dates, as mentioned in the order dated 18.09.2006, Annexure - H, if sought to be revoked or redone, petitioners have to, in the least, be extended an opportunity to put forth their say. The principles of audi alterem pattern rule applies on all. its fours.

3.

In the circums tances, the orders impugned are read down, as show-cause notices to the petitioners, entitling them to file explanation / objections within a fortnight from today and if so done, the. respondent - corporation is directed to consider and pass orders in accordance with law.

4.

In, the result, petitions are ordered accordingly.