HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND HON’BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT APPEAL No.465 of 2013
JUDGMENT:- (Per Hon’ble Sri Justice L.Narasimha Reddy)
The appellant was appointed as a Cleaner in Siddipet Depot of Andhra Pradesh State Road Transport Corporation in the year 1985. In the year 1989, he was promoted as Conductor. On 13.04.1998, he was conducting a service between Siddipet and Pullur. A check was conducted and it was found that the appellant collected fare of Rs.2.75 ps. from one passenger, but did not issue ticket. Based upon that, a charge sheet was issued and not satisfied with the explanation offered by the appellant, departmental enquiry was conducted. The Enquiry Officer submitted a report on 18.09.1998 holding that the charge was proved. Taking the same into account, respondent No.2 passed an order, dated 24.12.1998, removing the appellant from service. After exhausting the departmental remedies, the appellant filed I.D.No.130 of 1999 on the file of the Labour Court-II, Hyderabad under Section 2-A(2) of the Industrial Disputes Act. The Labour Court passed a Nil award, dated 05.07.2002. Aggrieved by that, the appellant filed W.P.No.23948 of 2002 before this Court.
Before the Labour Court as well as this Court, the contention of the appellant was that the passenger from whom he is said to have collected Rs.2.75 ps. is a lady, who is in the habit of travelling in the buses without tickets and just with a view to avoid penalty, she made the statement that she paid the fare. It was also pleaded that he issued as many as 36 tickets from Stage Nos.1 to 5 meticulously, verifying the passengers and there was absolutely no truth in the statement of the said passenger. The writ petition was opposed by respondent No.2. The learned Single Judge dismissed the writ petition through order, dated 18.02.2013. Hence, this writ appeal.
Heard Sri A.K.Jayaprakash Rao, learned counsel for the appellant and Sri V.Vasudeva Reddy, learned Standing Counsel for respondent No.2.
The appellant started his career in the Corporation as a Cleaner. After working for a period of five years in that post, he earned promotion as Conductor. It was in the year 1994 that the check was conducted on a bus that was being operated by him. The allegation was that he collected fare of Rs.2.75 ps. from one passenger and did not issue the ticket. In the departmental enquiry, the charge was held proved and the Labour Court did not grant any relief in the industrial dispute, so did the learned Single Judge.
Irrespective of the amount involved, if a Conductor is proved to have collected the fare from a passenger and failed to issue the ticket, it amounts to an act of misappropriation and dishonesty towards Corporation. The fare collected from the passengers happens to be the principal income for the Corporation and any attempt to misappropriate such amount deserves to be viewed seriously. At the same time, a close scrutiny is warranted before the punishment of removal is inflicted, on the basis of such charges, since not only the employee concerned, but also his entire family would be deprived of the source of income and livelihood.
The only allegation against the appellant was that he collected fare of Rs.2.75 ps. It is his specific case that the other passengers in the bus have clearly stated that the lady, who made the statement that she paid fare of Rs.2.75 ps., is a habitual traveller without tickets. No where in the proceedings, this aspect was dealt with. The record discloses that the appellant issued the tickets promptly to all the passengers, throughout the trip. The past conduct of the appellant appears to be fairly clean and without any blemish. His having been kept out of employment for the past more than one and half a decade itself, is a very big punishment, virtually driving the family to penury. We are of the view that the relief of reinstatement into service, denying him the back wages and the attendant benefits, would meet the ends of justice.
Hence, the writ appeal is allowed and the order, dated 18.02.2013, passed in W.P.No.23948 of 2002 is set aside. Consequently, the writ petition is allowed and the award, dated 05.07.2002, passed by the Labour Court is modified to the effect that the order of removal passed against the appellant is set aside and that he shall be reinstated into service without back wages and attendant benefits. However, his past service shall be counted for the purpose of determining the terminal benefits. On reinstatement, he shall be put in the corresponding scale of pay, which was paid at the time of removal. There shall be no order as to costs.
The miscellaneous petition filed in this appeal shall also stand disposed of.
L. NARASIMHA REDDY, J CHALLA KODANDA RAM, J Date:13.11.2014
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L.NARASIMHA REDDY,J Dt:07.02.2014.
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