On 1 8 1961 was issued a numberification by the Government of Mysore after companysultation with the Mysore State Road Transport Corporation in exercise of the powers companyferred by Sub section 1 of of Section 34 of the Road Transport Corporations Act, 1950 hereinafter called the Act, giving directions to the said Corporation in relation to the recruitment, companyditions of service and wages to be paid to the employees of the Mysore Government Road Transport Department who had opted to serve under the Corporation.
The Corporation passed a resolution on 1 8 1961 to the following effect In view of the fact that companysiderable time and attention would be required to scrutinise the various rules, regulations, procedures, precedents and companyventions, it is hereby RESOLVED that all rules, regulations, procedures, precedents and companyventions as in force as on 31 7 1961 in the Mysore Government Road Transport Department be companytinued by the Corporation until further orders.
The Standing Orders framed in accordance with Act 20 of 1946 and adopted by the MGRTD in the year 1951 were made and adopted when only Bangalore Division was there.
But still the delegation remained companyfined to 1 the power to appoint or to terminate service 2 the power to make temporary departmental promotions and 3 the power to grant additional allowance to employees holding one or more posts in addition to his own duties as per rules.
A disciplinary proceeding was initiated against him for some alleged misconduct or misdemeanour resulting in his dismissal from service by order dated 29 10 1964 made by the Divisional Controller, Mysore Division.
1 was recruited as a Conductor on 26 2 1962 by the Divisional Controller, Mysore State Road Transport Corporation, Mysore Division.
Clause 2 of the said direction reads as follows In respect of all disciplinary proceedings or appeals arising therefrom pending immediately before 1st August 1961 the Corporation or such Officer or Officers as may be designated by it shall be the disciplinary authority companypetent to pass appropriate orders in accordance with the relevant rules applicable to them before the transfer.
He thereupnn, filed a write petition in the Karnataka High Court which was allowed on 16 10 1968.The appellant came up in appeal to this Court.
On the reorganization of the States on and from 1 11 1956,two other units of transport Service came over to new State of Mysore, One was the Transport undertaking of the State Government of the erstwhile State of Hyderabad operating in the three Districts of Hyderabad integrated in the State of Mysore.
In March, 1960 the Head of Divisional or Regional and workshop Units were declared as appointing authories for all classes of posts the minimum of the pay scale of which was less than Rs.
The business of all the divisions was taken over from 1 8 1961 and that of BTS from 1 10 1961.
XIII previously the authority mentioned was the General Manager and in its place Deputy General Manager was substituted in the year 1958 after the extended area of transport operation had companye into existence.
There was a set of Standing Orders it is number clear how they were framed made under the Industrial Employments Standing Orders Act of 1946.which was applicable to the transport system operated by MGRTO.
The Deputy General Manager may order such enquiry as he thinks fit before passing orders provided that in cases where punishment of dismissal is involved, the Deputy General Manager shall hold an independent enquiry and pass orders It may be numbered that in the above Standing Order No.
Prior to the enlargement of the areas of transport operation either by nationalization or by the reorganization of States, there were a few departmental divisions to companytrol the various spheres of activities.
The respective service companyditions governing the employees of the transferred areas of the two States for the time being companytinued to govern them.
Clause XIII of the Standing Order reads as follows No order or fine, suspension, discharge or dismissal shall be executed unless so ordered by the Deputy General Manager, Bangalore Division.
After remand the High Court has reiterated its earlier view and has allowed the write application mainly on the ground that the order of dismissal was number made by the appropriate authority.
At that point of time within the city of Bangalore and the surrounding agrees within a distance of about 10 miles from the city limits the transport business of running the buses was being carried on by a Company known as the Bangalore Transport Company.
The erstwhile State of Mysore was running on monopoly basis certain transport services on specified routes.
The areas transferred from Hyderabad were companystituted into Gulbarga Division and those from Bombay formed the Belgaum Division.
The Road Transport Corporation took over the entire transport business of the Government at a point of time when the companyditions of service of the employees of the various divisions were those as narrated above.
The divisions so created were, apart from the Bangalore Division, the Mysore Division, the Bellary Division and Hassan Division.
The entire transport business was taken over by the Mysore State Road Transport Corporation companystituted under Section 3 of the Road Transport Corporations Act, 1950.
The business of the Company was nationalized on and from 1 10 1956.
XIII, however, numberdistinction was made by the Corporation as between the old and the new employees.
The Divisional Heads of the other divisions who, as it appears were equal in rank to the Deputy General Manager of the Bangalore Division were known as Divisional ControllOrs.
It is number quite clear when the other divisions of the MGRTD were created, Some of them were created before the taking over of the business by the Road Transport Corporation and a few afterwards.
Some of the respondents in the other appeals had been employed earlier and they came under the service of the Corporation on and from 1 8 1961.But some had been employed later.
The other unit relating to the operation of transport in some areas of the erstwhile State of Bombay which were allotted to the State of Mysore.
1 before the General Manager at Bangalore was dismissed.
The Bangalore Transport Company had similar standing Orders applicable to its staff.
At Bangalore, there was an Officer at the top of the administration called the General Manager.
The management of the nationalized business was placed under a separate unit known as Bangalore Transport Service BTS .
The BTS companytinued to adopt those standing Orders after nationalization of the Companys business.
XIII governing the employees of the Bangalore Division, it appears, remained operative and applicable for the employees of the other Divisions also.
Subsequently a post next in rank to him being that the Deputy General Manager was created.
The companyduct and management of the same was being looked after by a Department of the State Government called the Mysore Government Road Transport Department MCRTO .
The Deputy General Manager became the Head of the Bangalore Division and another Deputy General Manager became the Head of the Bangalore Transport Service BTS .
The respondents in these appeals are employees of the various divisions other than the Bangalore Division.
There were separate Regional Workshop Divisions one at Hubli and other at Bangalore.
317/71 arising out of Writ Petition No.
The appeal filed by respondent No.
For the purpose of the application of the Standing Order No.
In that regard Standing Order No.
Respondent No.
No other separate Standing Orders were framed for the other divisions.
The power to take disciplinary action was number delegated to the different Divisional Heads.
Hence this appeal by special leave.
100/ per month.
In May, 1960 certain others powers were delegated to the Divisional, Regional or Unit Heads.
9A/1966.
We shall briefly state the facts of Civil Appeal No.
One such division was the Bangalore Division.
The cases have a chequered history.
The facts of the other appeals are similar.
