THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 11728 OF 2011 ORDER: 1. The Writ Petition is filed challenging the proceedings No.P3/543(2)/2008-SRD, dated 31.03.2011 passed by the second respondent, whereunder and whereby a sum of Rs.38,940/- was ordered to be recovered from the petitioner towards face value of the tickets lost. 2. The brief facts are, the petitioner is working as Conductor in the respondent corporation. The second respondent issued a charge sheet dated 09.07.2008 framing the following charge: “For having failed to keep intact while operating your Counter on 27.06.2008 in Bus Pass Section, Sangareddy resulting which E.236 Nos. of student Bus Pass Tickets of Rs.165/- denomination i.e. tickets worth Rs.38,940/- were missing due to your gross negligence which resulted misuse of tickets besides caused loss to the Corporation which constitutes misconduct under Reg. 28 (v & ix-a) of APSRTC Employees’ (Conduct) Reg. 1963.” The petitioner submitted explanation to the said charge stating that while he was working in the bus pass section, about 600 students gathered there and disturbed a lot in the section, and that some unsocial elements entered into the section and had stolen the bus pass bundles available in the section. An enquiry was conducted and the enquiry officer submitted a report. Thereafter, a show-cause notice was issued to the petitioner, for which he submitted explanation stating that he was not responsible to pay the face value of the tickets lost. The second respondent issued the impugned proceedings ordering to recover a sum of Rs.28,940/- in addition to Rs.10,000/- already recovered from him, being face value of the missed tickets, besides imposing punishment of deferring the annual increment for a period of one year with cumulative effect. Challenging the same, the present Writ Petition is filed. 3. Heard both sides. 4. In an identical case, a learned single judge of this Court in a decision in Ch.P.Reddy v. APSRTC, Hyderabad & another, held as follows: “Under Regulation 8 (1) (v) of the Andhra Pradesh State Road Transport Corporation (Conduct) Regulations, 1963, if the corporation faces a pecuniary loss by an employee’s negligence, the amount lost by the Corporation can be recovered wholly or partly. In no case, an amount more than the amount which was lost by the Corporation can be recovered from the negligent official. Therefore, clause (v) of the Regulation 8 also does not permit the Corporation to impose a penalty which is more than the amount of the loss the Corporation has suffered. Admittedly, in this case, the respondents have not suffered loss of the amount which the tickets could fetch if they were sold to the passengers travelling in the busses. They have only suffered the loss which was incurred by the Corporation in their printing and stacking.” Following the said judgment, the Writ Petition is allowed quashing the impugned order. However, it is directed that from the amount already recovered from the petitioner, the respondents shall retain such amount which they actually sustained loss towards printing charges of the tickets and pay back the remaining amount to the petitioner. No costs. --------------------- 07.06.2011 (K.C.Bhanu, J.) DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 11728 OF 2011 07.06.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 11728 OF 2011 07.06.2011 Between: J.R.S. Reddy …Petitioner And APSRTC, rep. by its Managing Director & another …Respondents