K SURESH Vs. APSRTC

JUDGEMENT

(1.) The writ petitioner is appointed as a conductor on contractual basis during February 2010 by the Andhra Pradesh State Road Transport Corporation (fort short "APSRTC"). While he was conducting one of the buses of the Corporation plying between Srisailam to Dhone on 22.02.2011, a check was conducted which revealed certain cash and ticket irregularities committed by the writ petitioner. It is alleged that the writ petitioner has collected a fare of Rs. 230/- from a batch of two passengers travelling from Srisailam to Kurnool, but issued tickets for Rs. 210/- only. Thus, a shortage of Rs. 20/- has been committed. Similarly, the petitioner has collected fare of Rs. 115/- from a lady passenger travelling from Srisailam to Kurnool, but he has issued ticket worth Rs. 105/- only. Thus, a shortage of Rs. 10/- has been committed. In view of these serious irregularities, a detailed enquiry was conducted and the Ticket Travelling Inspectors, who have detected the irregularities, have been examined. Based upon the findings, a show cause notice was issued to the petitioner on 06.05.2011 calling for his objections on Enquiry Report. The petitioner filed his objections on 11.05.2011, and thereafter, a show cause notice was drawn on 26.05.2011 calling upon the petitioner to show cause why his services be not terminated for his proven misconduct. The petitioner filed his explanation thereto on 05.06.2011. On 20.06.2011, the Depot Manager, Dhone, passed a detailed order terminating the services of the writ petitioner for his proven misconduct. The writ petitioner has then appealed to the Appellate authority, who turned down his appeal on 15.12.2011. Since a review petition would lie to the Regional Manager, the writ petitioner preferred such a Review Petition to the Regional Manager, APSRTC, Kurnool, in response to which the Regional Manager passed detailed orders on 18.02.2012. The plea of the writ petitioner that since he was new to the express services and because of proximate closeness of the colour of the tickets of the value of Rs. 20/- and Rs. 10/- denominations, he erroneously issued Rs. 10/- denomination ticket instead of Rs. 20/- denomination ticket, and, in fact, he has issued tickets to all the passengers and never intended to defraud the organization. But, however, taking a lenient view, the order of termination passed by the Depot Manager, Dhone, was modified as an engagement afresh as contractual conductor. As a measure of punishment, a sum of Rs. 3,000/- was ordered to be recovered from his salary after reengagement. Questioning the validity of these proceedings, the above writ petition is instituted.

(2.) Heard Sri S.M. Subhan, learned Counsel for the writ petitioner, and Sri K.V. Subba Reddy, learned Standing Counsel for APSRTC for the respondents.

(3.) It is contended by Sri S.M. Subhan that the writ petitioner was recruited as a contractual conductor only during February 2010, and he was new to conduct express bus services. While undertaking the return trip from Srisailam to Dhone on the fateful day, inadvertently the petitioner has committed an error of issuing Rs. 10/-denomination tickets to three passengers, who were traveling from Srisailam to Kurnool, instead of issuing them Rs. 20/- denomination tickets. It is therefore contended that for a bona fide mistake committee by the petitioner, a very serious and harsh punishment of termination has been inflicted by the Depot Manager, and while entertaining the Review Petition, the Regional Manager has forfeited the benefit of past service of the petitioner, and simultaneously imposed a punishment of recovery of Rs. 3,000/- from his wages upon reengagement. Even this punishment imposed by the Regional Manager is quite disproportionate, and hence, it is contended that the order of Regional Manager should be interfered with by this Court, by substituting the same as an order of reinstatement of the petitioner back into service.