DEPOT MANAGER ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION Vs. DEPOT MANAGER ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION ANANTAPUR

JUDGEMENT

(1.) The petitioner was employed as Conductor in Andhra Pradesh state Road Transport Corporation and was working in Anantapur Depot with effect from 11-4-1978. While the petitioner was conducting but with registration No. AAZ 2735 plying on the route Karakamukkala to Anantapur on 17-1-1984, a check was made and irregularities were found to have been committed by him. Enquiry was initiated against him and he was charge-sheeted on 27-1-1984 and the following three charges were framed against him. "1. For having failed to issue ticket to a batch of 13 passengers even after collecting the requisite fare of Rs. 16-90 from them who were travelling from Uravakonda to Sivarampeta ex-stages 12 to 9. 2. For having violated the rule issue and start. 3. For having closed the tray numbers of all denomination in the S. R., upto the stage No. 9 without completing the ticket issues referred at charge No. 1". The petitioner submitted his explanation and after holding due enquiry, the Enquiry Officer submitted his report dated 8-3-1984 recommending the removal of the petitioner from service. On 28-3-1984 a show cause notice was issued to the petitioner to show cause why he should not be removed from service. He submitted his explanation and thereafter, he was removed from service by an order dated 19-4-1984 of the 1st respondent. The appeal preferred by him to the 2nd respondent against the said order was rejected on 28-4-1985 and so was also the review petition preferred by him to the 3rd respondent, on 24-8-1985. That gave rise to an industrial dispute between the 1st respondent and the petitioner which was referred for adjudication to the Labour Court at Anantapur i.e., the 4th respondent. The questions referred for adjudication were whether the action of the 1st respondent in removing the petitioner from service was justified; if not to what relief was the workman entitled. The said industrial dispute was numbered as I. D. No. 47 of 1987 and by order dated 12-11-1987 the Labour Court passed an award holding that the removal of the petitioner was justified and that he was not entitled for any relief. In the present Writ Petition, the petitioner questions the said award and the action of respondents 1 to 3 in removing him from service.

(2.) The petitioner does not question the enquiry. He contends that in the facts and circumstances of the case the punishment of removal awarded is too harsh and disproportionate to the charges proved against him.

(3.) It is obvious that the main charge is the first one and that turns on the question whether the petitioner in fact received the fare of Rs. 16-90 ps. from the 13 passengers who embarked at state No. 12 and to whom admittedly tickets were not issued till the check took place when stage No. 9 was reached. It is the case of the petitioner that he did not in fact receive the petitioner that he was about to collect the same and issue tickets when the check took place. According to the petitioner, at that time he was very tired as he was made to work continuously without rest because the other employees of the Corporation were participating in work to rule agitation. The bus was also overloaded and he did not notice earlier that the 13 passengers did not take tickets as they did not respond when he shouted enquiring whether there were any passengers without tickets. At the time of the check a statement of one of the 13 passengers was taken and he stated that the petitioner denied payment of money though he paid Rs. 17.00 for the tickets and the petitioner's signature was obtained on the Corporation that the petitioner received Rs. 17.00 on the basis of that statement of one of the 13 passengers who got into the bus at stage No. 12.