THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT APPEAL No.400 of 2012
JUDGMENT: (Per LNR,J) This appeal is preferred by the unsuccessful petitioner in W.P.No.8761 of 2004.
The appellant was appointed as a Conductor in the A.P.S.R.T.C. in the year 1979 and was working in the Kamareddy Depot. On 19.12.1997, he was operating a bus between Kamareddy and Nizamabad. A check was conducted and it was found that he issued used tickets of denomination of Rs.10/- to three passengers. Charges were framed and on finding that the explanation offered by the appellant was not acceptable, domestic enquiry was conducted. The enquiry officer submitted a report, holding that the charges are proved. Taking the same into account, the 1st respondent passed an order dated 27.05.1998 removing the appellant from service. The departmental remedies availed by the appellant were not successful. Therefore, he filed I.D.No.24 of 1999 before the Labour Court-II, Hyderabad. A Nil award was passed by the Labour Court on 23.03.2002. Aggrieved by that, the appellant filed W.P.No.8761 of 2004 before this Court. Learned Single Judge dismissed the writ petition through order, dated 29.09.2011. Hence, this writ appeal.
Heard learned counsel for the appellant and learned counsel for the respondents.
The gist of the charges framed against the appellant is that for one passenger, who paid fare of Rs.18/-, he issued a ticket of Rs.10/- and a combination ticket of Rs.8/-, and for two passengers who paid fare of Rs.11/- each, he issued tickets of Rs.10/- and combination tickets of Re.1/- each. The gravity of the charges was that the tickets of denomination of Rs.10/- were found to have been already used. The verification of the tickets is not a difficult task. Each ticket is identified with proper number and the Depot has full particulars about the date of issue thereof. The appellant was not able to demonstrate that the tickets of denomination of Rs.10/- issued by him were pertaining to that very trip.
Even in a case, where a conductor is accused of collecting the fare but fails to issue tickets, there is a scope for explanation that he is in the process of issuing tickets. Where however the allegation is that he issued used tickets, the misconduct will be serious in nature. It is only through a clear and definite planning that a used ticket is issued and the intention to defraud the Corporation is evident. The Labour Court as well as the learned Single Judge have taken correct view of the matter. We are not inclined to take any different view.
The writ appeal is accordingly dismissed. It is however directed that in case, any terminal benefits referable to the service rendered by the appellant prior to removal are payable, the same shall be released within a period of two months from today.
The miscellaneous petition filed in this writ appeal shall also stand disposed of. There shall be no order as to costs.
L.NARASIMHA REDDY, J A.V.SESHA SAI, J
Date: 18.12.2014
JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT APPEAL No.400 of 2012
Date: 18.12.2014 JSU