BENGALURU: The Karnataka High Court declined to interfere with the order passed by the single judge upholding the termination of the driver by the Bengaluru Metropolitan Transport Corporation (BMTC) for getting the job by furnishing a fake transfer certificate to show that he studied up to the ninth standard, though he studied only the first standard.
A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi passed the order dismissing the appeal filed by Malurappa, a resident of Doddagubbi post in Bengaluru East Taluk. He questioned the order dated February 12, 2024, by a single judge who upheld the termination of his appointment as 'Badli driver'.
The minimum qualification required for the 'Badli driver' post was completion of the fourth standard. Malurappa was appointed on August 29, 1988. The BMTC found articles of charges in 2001 against Malurappa after he was found guilty of producing a fake certificate, after he served for 17 years.
The BMTC filed the petition before a single judge questioning the order dated March 18, 2016, passed by the Labour Court, which set aside the order dated July 27, 2005, issued by the BMTC to terminate Malurappa from the service.
While setting aside the termination order, the Labour court directed the BMTC to reinstate him without backwages, but with continuity of service along with a reduction of three annual increments.
The Labour court found that the misconduct on the part of Malurappa was proved. However, the Labour Court was of the view that the punishment of dismissal from service as imposed was harsh.
The BMTC contended that the punishment was commensurate with his misconduct and could not be termed as disproportionate. This contention was accepted by the single judge.