N SRINIVAS REDDY Vs. DEPOT MANAGER JEEDIMETLA DEPOT

JUDGEMENT

(1.) The Petitioner was employed as a conductor in APSRTC in the year 1990. He was working in the Jeedimetla Depot in the year 1998. On 12.10.1998, while he was conducting the service between Patancheru and Jeedimetla on route No. 223J/A, a check was conducted at stage No. 16. Two allegations were made against the Petitioner, viz., a) that one passenger, who boarded at stage No. 18 and scheduled to travel up to stage No. 16 paid fare of Rs. 2.25 ps., but the Petitioner did not issue ticket, and b) that four passengers boarded at stage No. 17 for travelling up to stage No. 15 and though they paid fare of Rs. 9.00 (Rs. 2.25 ps. each), the Petitioner did not issue tickets.

(2.) A charge sheet was issued on 16.10.1998. Petitioner submitted explanation stating that the passenger, who is referred to in charge No. 1, did not pay the fare and on the other hand, he claimed that he holds a bus pass. He stated that when the discussion as to production of the pass was going on, the bus reached stage No. 17, where four passengers boarded and paid fare. According to him, when he was about to issue tickets for the four passengers mentioned in charge No. 2, the passenger mentioned in charge No. 1 was trying to get down. He said to have rushed to him to prevent him from alighting the bus and that the check took place almost simultaneously. The explanation was not accepted by the 1st Respondent. An Enquiry Officer was appointed. In the course of enquiry, the Petitioner made his statement, apart from producing one of the four passengers mentioned in charge No. 2.

(3.) In his report, dated 18.11.1998, the Enquiry Officer held that the charges are proved. Taking the same into account, the 1st Respondent passed order, dated 02.01.1999, directing removal of the Petitioner from service. After exhausting the departmental remedies, Petitioner filed I.D. No. 114 of 2000 in the Labour Court - I. That was transferred to the Industrial Tribunal - II, Hyderabad, and renumbered as I.D. No. 78 of 2002. Through Award, dated 21.03.2003, the Labour Court dismissed the I.D. Hence, this writ petition.