Andhra Pradesh High Court - Amravati
The Depot Manager, Apsrtc, Kurnool ... vs Ediga Surya Chandra Goud, Anantapur ... on 9 December, 2019
Author: T. Rajani
Bench: T. Rajani
SMT. JUSTICE T. RAJANI
WRIT PETITION No.25189 OF 2011
ORDER:
This writ petition is filed by the respondent-APSRTC, under Article 226 of the Constitution of India, assailing the award dated 30.11.2010 passed in I.D. No.227 of 2006 on the file of the Chairman-cum-Presiding Officer, Industrial Tribunal- cum-Labour Court, Anantapur, directing the respondent therein to reinstate the petitioner therein into service with continuity of service, attendant benefits, but without back-wages on the ground that there is no work-no pay. Further, one annual increment with cumulative effect was also directed to be deferred, after reinstatement of the petitioner.
2. Heard the standing counsel for the petitioner-APSRTC. None appears for the respondents.
3. The standing counsel for the petitioner submits that there is no grievance with regard to the reinstatement of the petitioner into service and that he was reinstated into service following the award of the Labour Court. But the grievance is with regard to deferring of one annual increment, which, in the opinion of the standing counsel for the petitioner, is not appropriate. He seeks the Court to impose punishment of stoppage of more increments than one. The charges framed against the petitioner therein are two in number, which are as follows:
1. For having issued the following tickets worth of Rs.612/- which are unconnected to your service STAR & Way bill to Seven passengers (3) as a batch and 4 as individuals who boarded the bus at Kurnool and bound for Hyderabad i.e., St.Nos.4 and 11 by collection Rs.86.00 from each amounting to Rs.602.00 totally on 15.11.2005 on route Dhone to Hyderabad. The said tickets which were 2 already sold in your previous service on the dates, stages shown in the service STARs as furnished hereunder.
S.No. Ticket No. Denmn. STAR No. Date Stage Service Rs. No.
1. 401-989889 06.00 022/893546 17.04.2005 8 16 hrs. Hyd
2. 139-553083 50.00 022/890731 03.05.2005 4 16 hrs. Hyd
3. 402-982607 06.00 022/890731 03.05.2005 4 16 hrs. Hyd
4. 402-982608 06.00 022/890731 03.05.2005 4 16 hrs. Hyd
5. 110-636109 40.00 022/890731 03.05.2005 4 16 hrs. Hyd
6. 527-824023 06.00 022/891698 03.05.2005 4 16 hrs. Hyd
7. 527-824024 06.00 022/891698 03.05.2005 4 16 hrs. Hyd
8. 402-988528 06.00 022/888593 27.05.2005 8 16 hrs. Hyd
9. 063-427111 60.00 028/568335 05.11.2005 1 13 hrs. Hyd
10. 063-042712 60.00 028/568335 05.11.2005 1 13 hrs. Hyd
11. 063-042719 60.00 022/568335 05.11.2005 4 13 hrs. Hyd
12. 063-042720 60.00 028/568335 05.11.2005 4 13 hrs. Hyd
13. 063-042721 60.00 028/568335 05.11.2005 4 13 hrs. Hyd
14. 063-042724 60.00 028/568335 05.11.2005 4 13 hrs. Hyd
15. 817-209254 20.00 028/568335 05.11.2005 1 13 hrs. Hyd
16. 817-209255 20.00 028/568335 05.11.2005 1 13 hrs. Hyd
17. 817-209279 20.00 028/568335 05.11.2005 1 13 hrs. Hyd
18. 817-209280 20.00 028/568335 05.11.2005 1 13 hrs. Hyd
19. 817-209281 20.00 028/568335 05.11.2005 1 13 hrs. Hyd
20. 817-209284 20.00 028/568335 05.11.2005 1 13 hrs. Hyd
21. 696-307406 20.00 028/568335 05.11.2005 1 13 hrs. Hyd and thus you have re-issued, which established your intentional and fraudulent motive to fraud the legitimate revenues of the Corporation which constitutes serious misconduct under Reg.28 (xxxii) & (x) of APSRTC Employees (Conduct) Regulations, 1963.
2. For having closed all the denominations in the STAR No.028/569056 dated 15.11.2005 against the stage No.6 without issuing proper tickets to the alleged passengers and also shown the capacity as 24 only excluding the alleged 7 passengers when the total passengers were 31 in the bus on 15.11.2005 on route Dhone to Hyderabad, which clearly indicates the wilful and intentional fraudulent acts and thus you have maintained the STR document improperly, which constitutes misconduct vide Reg.28(xxv) & (xxxii) of APSRTC Employees (Conduct) Regulations, 1963.
3. The Tribunal, while dealing with the charges, observed that the petitioner was suffering from ill-health and taking advantage of the ill-health, the passengers showed old tickets to the checking officials, and the passengers were not examined in the enquiry. From the said fact, the Tribunal drew an inference that the non-examination of the passengers gives an impression that they could have produced old tickets to the checking officials to safeguard themselves from the imposition of fine. Based on the said opinion, the Tribunal held that the petitioner 3 failed to discharge his duty vigorously and gave room to the passengers to travel in the bus without proper ticket. The Tribunal also held that the punishment awarded by the respondent was excessive and deserves modification. The Tribunal considered the judgment in The General Secretary, India Cements Employees' Union, Sankari West vs. General Manager, India Cements, Limited, Sankari West1, wherein it was held that an important facet of right to life is the right to livelihood, because no person can live without the means of living, that is, means of livelihood. Relying on certain other citations, which are to the same effect, and also on the ruling of the Hon'ble High Court of Andhra Pradesh in C.Basaiah vs. Depot Manager, APSRTC, Tandur2, which is to the effect that while there cannot be any compromise with the requirement as to honesty in discharge of duties, minor lapses should not lead to deprivation of livelihood to an employee and his family, the Court held that it is only a case of negligence and imposed punishment of stoppage of one increment. The reasoning and the appreciation of facts and law by the Tribunal is of absolute appropriateness.
4. Hence, in view of the above, this Court does not find any flaw in the award passed by the Tribunal directing the respondent to reinstate the petitioner as mentioned above, and the said award is based on well-considered facts and law. 1 1999 (2) LLJ 1 2 2009 (1) ALT 183 4
5. Accordingly, the writ petition is dismissed. As a sequel, miscellaneous petitions pending consideration if any in the writ petition shall stand closed.
___________________ SMT T. RAJANI, J December 09, 2019.
YS