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Patna High CourtCWJC/11061/2017disposed

Upendra Thakur And ANR v. The Bihar State Road Transport Corporation And ORS

2018-01-11Mr. Justice Jyoti Saran3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11061 of 2017 ===========================================================

1. Upendra Thakur, S/o Late Ram Prasad Thakur, Resident of Village- Budhauli, P.S.- Bochaha, District- Muzaffarpur.

2. Pramod Narain Jha, S/o Late Ajab Narain Jha, Resident of village- Panchgama, P.S.- Rosara, District- Samastipur.

.... .... Petitioner/s

Versus

1. The Bihar State Road Transport Corporation, Birchand Patel Path, Pariwahan Bhawan, Patna, Bihar.

2. The Administrator, the Bihar State Road Transport Corporation, Birchand Patel Path, Pariwahan Bhawan, Patna, Bihar.

3. The Chief of Administration, the Bihar State Road Transport Corporation, Birchand Patel Path, Pariwahan Bhawan, Patna, Bihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Sinha, Adv. For the Respondent/s : Mr. Prabhat Kumar Verma, Sr. Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 11-01-2018 Heard Mr. Satya Prakash Sinha, learned counsel for the petitioners and Mr. P.K. Verma learned Senior counsel for the Bihar State Road Transport Corporation who appears along with Ms. Vijay Laxmi Srivastava, learned counsel.

The petitioners are aggrieved by the punishment order bearing Memo No.3872 dated 26.7.2013 whereby the Administrator while revoking the suspension of the petitioner has imposed a penalty of recovery of Rs. 30,000/- from each of the petitioner by way of recovery of the loss caused by the petitioners. The charge framed against the petitioner is at Annexure-1 series. The two petitioners herein faced charge at Annexure-1 series which is for alleged participation in the strike along with other

Patna High Court CWJC No.11061 of 2017 dt.11-01-2018 2/3 employees of the Corporation. The charge included closing the main gate of the establishment thus obstructing the movement of the buses of the Corporation. The petitioners filed their reply and the matter went for enquiry but in between an agreement was entered in between the management and the employees, a copy of which is present at Annexure-3 whereby it was agreed that other than cases of sabotage and violence, the other striking employees would not be subjected to disciplinary proceedings.

The enquiry report is at Annexure-4 and while accepting the participation of the petitioners in causing obstruction in functioning of the corporation it has recommended for exoneration of the petitioners inter alia on grounds that they did not cause any financial damage to the property of the Corporation. Mr. Singh learned counsel for the petitioners has invited the attention to the agreement entered in between the management and the petitioners at Annexure-3 to submit that the Corporation themselves have agreed not to subject any of the workers to penal proceedings unless he is found participating in sabotage and violence and since the enquiry report itself exonerates the petitioners on these charges, they could not have been subjected to the penalty. Mr.

Verma contesting the argument has invited the attention of this Court to the allegation to submit that the main charge facing the petitioners is of causing of sabotage which is against the economic interest of the Corporation.

Patna High Court CWJC No.11061 of 2017 dt.11-01-2018 3/3 Annexure-3 does not protect the petitioners because it is allegations other than charge of sabotage and violence which have been condoned but in so far as the issue of sabotage of economic interest of the Corporation is concerned, even the Enquiry Officer has agreed to the participation of the petitioners in obstructing the operation of buses of the Corporation thus causing financial loss and which has been recovered by way of penalty in question.

Having heard learned counsel for the parties and considering the nature of charge as well as the agreement entered in between the parties coupled with the acceptance of the Enquiry Officer regarding the participation of the petitioners in obstruction of the functioning of the buses of the Corporation, which undisputedly has caused financial loss to the Corporation, no infirmity can be found in the punishment order.

The writ petition is dismissed.

Bibhash/- (Jyoti Saran, J) AFR/NAFR NAFR CAV DATE NA Uploading Date21.02.2018 Transmission Date NA