D DHARMAIAH Vs. DEPOT MANGER APSTTC

JUDGEMENT

(1.) THE petitioner was employed as Conductor in the A.P.S.R.T.C. in the year 1987. On 30 -5 -2003, he was conducting a bus on the route from Bhadrachalam to Pocharam. A check took place between stages 18 and 19. On noticing certain cash and ticket irregularities, the Corporation issued a charge -sheet to the petitioner on 6 -6 -2003, framing 9 charges. The petitioner submitted his explanation, and not being satisfied with that, the respondent ordered domestic inquiry. A report was submitted, holding the charges against the petitioner proved. Through order dated 16 -1 -2004, the respondent removed the petitioner from service. Departmental appeal and review filed by the petitioner ware rejected. Therefore, he filed I.D. No. 89 of 2005, before the Labour Court, Warangal, under Section 2 -A(2) of the Industrial Disputes Act, 1947. Through award dated 5 -7 -2007, the Labour Court dismissed the I.D. Hence, this writ petition.

(2.) LEARNED Counsel for the petitioner submits that though several allegations were made against the petitioner, that he failed to issue tickets, the Corporation did not examine the concerned passengers during domestic inquiry, and still, the Labour Court did not interfere in the matter. He contends that the checking team had bore grudge against the petitioner, and the same is evident from the fact that two successive checks were conducted within a distance of 1 or 2 k.ms.

(3.) AS many as nine charges were framed against the petitioner. They not only relate to the failure of the petitioner to issue tickets to the passengers from whom he collected the fare, but also as regards collection of a sum of Rs. 240/ -, for transporting 12 bags of rice and not issuing tickets to the owner thereof. Another charge is in relation to the forcible confiscation of tickets, as well as the statement of passengers from the hands to Travelling Ticket Inspectors, and tearing the same away, immediately after the check. It was also pointed out that the petitioner refused to acknowledge the charge memo.