Regional Manager, U.P.S.R.T.C, Etawah ... vs Hoti Lal & Anr on 11 February, 2003
9. The Labour Court has also given a categorical finding of fact that the used tickets found with the conductor were not utilised by him, therefore, he could not be punished. It is not clear that if the conductor was driving the bus how he could have used the tickets, which according to the checking squad had already been used. Thus, looking by any angle no case is made out against respondent No. 1. The counsel for the petitioner has only stated that respondent No. 1 workman was involved in embezzlement of the Corporation money of Rs. 1.50 by not issuing ticket to the alleged lone passenger. He has relied upon the decision rendered by the Apex Court in the Regional Manager, U.P.S.R.T.C., Etawah and Ors. v. Hoti Lal and Anr. 2003 (2) AWC 1070 (SC) ; (2003) 3 SCC 605, in which it has been held that the judicial review is very limited and restricted to exceptional cases and that the Court must give reasons for holding the punishment to be not commensurate with the charges and a mere statement that the punishment was disproportionate would not suffice. Proportionality of the punishment depending on many circumstances if the charged employee holds a position of trust where honesty and integrity are inbuilt requirements of functioning the matter should be dealt with iron hands.