Madras High Court
Tamil Nadu State Transport ... vs V.K.Pandi : Petitioner /Respondent on 31 July, 2023
Author: S.S.Sundar
Bench: S.S.Sundar
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRVARTHY
W.A(MD)NO.1221 OF 2023
and
C.M.P(MD)No.9175 of 2023
Tamil Nadu State Transport Corporation(Madurai) Limited,
represented by its General Manager,
Dindigul Region,
Bye Pass Road,
Dindigul. :Respondent/Appellant
.vs.
V.K.Pandi : Petitioner /Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.10149 of 2018, dated 18.7.2022.
For Appellant :Mr.S.C.Herold Singh
For Respondent :Mr.G.M.Xavier
JUDGMENT
********* [Judgment of the Court was made by S.S.SUNDAR,J.] This Writ Appeal is directed against the order of the learned Single Judge in allowing the Writ Petition in W.P(MD)No.10149 of https://www.mhc.tn.gov.in/judis 2 2018, dated 18.7.2022.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
On the allegation that there was a loss caused to the appellant byt way of unused ticket books, proceedings were initiated against the respondent/Writ Petitioner in this Writ Appeal. By the impugned order, punishment was impsed on the Writ Petitioner. Punishment of censure was awarded to the Writ Petitioner, apart from the direction to pay a sum of Rs.29,368/- towards loss of unused bus tickets.
3.It is the case of the Writ Petitioner that the unused ticket books with him was lost due to theft. It is his case that he has given complaint to the Local Police Station.Relying upon clause 17 of the Settlement in terms of Section 12(3) of the Industrial Disputes Act, dated 6.2.2008, the Petitioner contended that the amount towards the value of unused tickets cannot recovered from the employee.
4.Clause 17 of the 12(3) Settlement relied upon by the Writ https://www.mhc.tn.gov.in/judis 3 Petition reads as follows:
@17/gazr;rPl;L bjhiye;J nghFjy; Vw;fdnt cs;s xg;ge;jj;jpy; fytuk;. tpgj;J. fst[.
bfhs;is. nghd;wit eilbgw;W fhty;
epiyaj;jpy; tHf;F gjpt[ bra;ag;gl;oUe;jhy;
me;j R{H;epiyapy; gazr;rPl;L g[j;jf';fs;
bjhiye;jpUf;Fnknadhy; rk;ge;jg;gl;l
elj;JehplkpUe;J gazr;rPl;L- g[j;jf';fSf;fhd bjhif gpoj;jk; bra;ag;gl khl;lhJ vd;w Kot[ bjhlh;e;J eilKiwg;gLj;jg;gLk;/@ From the reading of Clause 17, the Writ Petitioner cannot be held liable to the cost of the unused tickets which was either stolen or missing.
5.The learned Single Judge relying upon the judgment of the Division Bench of this Court in the case of the Management of Rani Mangammal Transport Corporation .vs. M.Planaisamy, reported in 2008(1) MLJ 224, held that domestic enquiry in respect of loss of unused ticket books, is unwarranted. The same judgment is also followed in several other cases. Following the judgment of this Court in few judgments, the learned Single Judge held that as per the terms of settlement arrived at between the Transport Corporation and its workers, the proposed action of the https://www.mhc.tn.gov.in/judis 4 respondent through the impugned order for recovery of the value of the loss of unused ticket books, cannot be sustained. Therefore the impugned order, dated 3.4.2018 was quashed by the learned Single Judge. The learned Single Judge has also observed that even, in case, if any money is recovered from the respondent, the same should also be refunded to the responent/Writ Petitioner forthwith.
6.The learned Standing Counsel for the appellant Transport Corporation raised several objections and would further submit that the punishment is not only by way of recovery of the value of the unused ticket books, but also censure. Stating that the respondent was negligent, the Court ought to have seen that the punishment of censure is proportionate to the charges levelled as against the incumbent.
7.The learned counsel further submitted that the alleged complaint is only on the ground that ticket books are missing and the complaint alone will not help the respondent that he is not answerable to the loss of unused tickets.
8.This Court find some substance in the said argument of the learned counsel for the appellant and the punishment of censure https://www.mhc.tn.gov.in/judis 5 cannot also be illegal mainly because recovery of amount towards loss of unused ticket books is not permissible under the Settlement that was relied upon by the Writ Petitioner. However, this Court is unable to find out any substance in the argument that the complaint of the respondent cannot be treated as one which fall within Clause 17 of the 12(3) Settlement. This Court knows about the difficulties faced by the Conductors and the Corporation has not provided any facility to safeguard the tickets and other valuables in the bus Therefore, it cannot be generally presumed that missing of ticket books should be considered serious, as there is a possibility for the same Conductor to use the same tickets, at the later point of time and defraud the department. Punishment can be severe when the person in charge of ticket books is found guilty of serious charges for using such ticket books, which had been reported ealier as missing and that will not enable the respondent to presume that the respondent has caused loss to the Transport Corporation by loss of ticket books.
9.In such circumstances, this Court finds no merit in the Writ Appeal. While dismissing the Writ Appeal, this Court modify thd order of the learned Single Judge to the effect that the punishment of censure as against the employee shall stand. No costs. https://www.mhc.tn.gov.in/judis 6 Consequently, connected Civil Miscellaneous Petition is closed.
[S.S.S.R.,J.] [D.B.C.,J.]
31.07.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
https://www.mhc.tn.gov.in/judis
7
S.S.SUNDAR, J.
AND
D.BHARATHA CHAKRAVARTHY, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1221 OF 2023
and
C.M.P(MD)No.9175 of 2023
31.07.2023
https://www.mhc.tn.gov.in/judis