In such
10/13
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 06:20:37 pm )
W.P(MD).Nos.26173 of 2019 & 21708 of 2021
circumstances, as rightly pointed out by the learned counsel for the
management, as held by the Hon'ble Supreme Court reported in (2005) 3
SCC 254 (Divisional Controller, KSRTC (NWKRTC) Vs. A.T.Mane), the
only punishment that could be imposed upon the delinquent against whom
the charges of misappropriation have been proved, is that of the dismissal.
In so far as the plea put forth by the learned
counsel for the petitioner placing reliance on two Apex
Court judgments reported in 2009 (3) SCC page 254 in
Divisional Controller, KSRTC v A.T.Mane and 2008 (5)
SCJ 439 in Usha Breco Mazdoor Sangh v M/s Usha
Breco Limited that the labour Court cannot interfere
with the findings of the Enquiry Officer:-
*46* 917.24wp
The position held by the Bus Conductor is one of faith and trust.
A person guilty of breach of trust should be imposed with
punishment of removal from service. This has been the
consistent view of the Hon'ble Supreme Court in KSRTC Vs. A.
T. Mane (supra); The Managing Director, The North East
Karnataka Road Transport Corporation (supra); Janatha Bazar
(supra) and in catena of judgments. Once the employer loses
confidence and trust in a Bus Conductor, it is unconscionable that
such candidate can be pardoned by introducing such
contingencies, as are set out in the Circular dated 18/04/2024,
and that too without amending the D and A Rules.