Karnataka High Court Upholds Dismissal Of BMTC Bus Driver For Securing Employment Based On Fake Educational Documents

The Karnataka High Court has upheld an order which dismissed a plea by an employee of Bangalore Metropolitan Transport Corporation (BMTC) accused of securing an appointment on the basis of a false certificate regarding his educational qualifications.In doing so, the high court rejected the bus driver's reliance on a BMTC circular protecting employees from dismissal on grounds of suppression, after noting that the circular did not contemplate a case where an ineligible employee has secured appointment by furnishing a forged document to satisfy the eligibility condition. Upholding the single judge's order, a division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi dismissed the petition filed by one Malurappa and said “We find no grounds to interfere with the impugned order. The appeal is accordingly dismissed.” The appellant was appointed as a Badli driver with BMTC on 29.08.1988. At the time of his appointment, he had produced a Transfer Certificate, certifying that he had completed primary schooling till IX Standard. The said certificate was found to be forged. The Enquiry Officer appointed by the corporation examined the Security Officer as well as the Head Mistress of Yerappanahalli Government Higher Primary School, Yerappanahalli and found that the charge leveled against the appellant was established. The Disciplinary Authority / BMTC, accepted the findings of the Enquiry Officer and dismissed the appellant from its service on 27.07.2005. The appellant raised an Industrial dispute and the Labour Court found that the misconduct on the part of the appellant was proved; however, the punishment imposed was harsh. Accordingly, the Labour Court passed an order dated 18.03.2016 directing reinstatement of the appellant without back wages, with continuity of service and with reduction of three annual increments with cumulative effect.Aggrieved by the same the BMTC moved the high court in a plea which was allowed. The appellant challenging the same argued that Single Judge failed to appreciate that in terms of the BMTC Circular dated 02.08.1983, the services of an employee could not be terminated on the ground of suppression when he has rendered considerable length of service after confirmation. Further, since the appellant had served the BMTC for over 17 years, his termination from service was not justified. The bench on perusing the circular relied on by the appellant said “A plain reading of the said circular indicates that it does not contemplate a case where an ineligible employee has secured his appointment by furnishing a forged document to satisfy his eligibility condition. But for the forged document produced by the appellant, certifying his educational qualifications, he would be ineligible for being appointed as a Badli driver. The said circular is for addressing cases where there is some suppression of information on the part of the employee or failure to disclose particulars of the past services.” It said, “ We concur with the decision of the learned Single Judge that the afore-mentioned Circular, would have no application to the facts of the present case and the learned Labour Court, had misread the same.” It further said that given the nature of the allegation against the appellant, it was unable to accept that the punishment of dismissal from service is disproportionately excessive or one that would shock the conscience of the Court.Accordingly it dismissed the appeal. Appearance: Advocate Naik V S For Appellant.Citation No: 2025 LiveLaw (Kar) 287Case Title: Malurappa AND Bangalore Metropolitan Transport Corporation Case No: WRIT APPEAL NO. 1222 OF 2024Click Here To Read/Download Order

Karnataka High Court Upholds Dismissal Of BMTC Bus Driver For Securing Employment Based On Fake Educational Documents

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