IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6405 of 2008 Between: Smt. D. Sridevi Bai, D/o. Manthri Naik, Bommalapuram, Prakasam District. ..... PETITIONER AND 1 APSRTC, Rep. by Vice Chairman & Managing Director, Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC, Prakasam Region, Prakasam District. 3 The Depot Manager, APSRTC, Markapur Depot, Markapur District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ order or directions more in the nature of Writ of Mandamus declaring the office order No. PA/675(144)/2006-R.M(O) dated 25-11-2006 in directing the petitioner to pay value of the missed tickets blocks worth of Rs. 28,823/- as illegal and arbitrary and set aside the same and further direct the 2nd respondent to refund the paid amount to the petitioner after recovering the actual cost of printing and stationary charges of the missed ticket blocks as per the law. Counsel for the Petitioner: MR.P.GOVINDA RAJULU Counsel for the Respondents: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6405 of 2008 ORDER: The petitioner was employed as a Conductor on contract basis on 13.07.2006. While she was conducting a bus on 22.07.2006 on the route from Podili to Kanigiri, she lost the bundles of tickets worth Rs.28,823/-. Immediately thereafter, she reported the matter to the authorities concerned. Treating the same as an act of misconduct, the Depot Manager, Podili terminated the services of the petitioner through order, dated 09.08.2006. The petitioner preferred an appeal, against the order of termination, before the Regional Manger, 2nd respondent herein. Through an order, dated 25.11.2006, the 2nd respondent indicated to the petitioner that if she is willing to pay the worth of the lost tickets, her case would be considered for reinstatement. Responding to the same, the petitioner expressed her willingness and in fact, deposited a sum of Rs.14,412/- and prayed for extension of the benefit of installments, at the rate of Rs.500/- per month. Taking note of the same, the 2nd respondent passed an order, dated 14.03.2007, setting aside the order of removal and directing reinstatement of the petitioner. It was directed that the petitioner shall deposit a sum of Rs.500/- per month, till the entire amount of Rs.28,823/- is paid. The petitioner contends that it was not even alleged that she has misused any tickets, and at the most, the Corporation is entitled to recover the printing charges for the lost tickets. She places reliance upon a Judgment of this Court in Ch.P.Reddy vs. A.P.S.R.T.C.[1] Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. Hardly within 10 days from the date, on which the petitioner was appointed as Conductor on daily wage basis, she lost the bundles of tickets worth Rs.28,823/-. It is squarely attributable to her lack of experience and to nothing else. She reported the matter to the 3rd respondent. Without even conducting any departmental enquiry, the 3rd respondent directed removal of the petitioner. In the appeal preferred by the petitioner, the 2nd respondent granted the relief, in the manner indicated above. Nowhere in the proceedings initiated against the petitioner, it is indicated that she has misused those tickets or made an attempt in that direction. The value of the lost tickets can be recovered, if only the corresponding amount is made good by an individual. A ticket becomes worth the denomination, only when it is issued to a passenger. If it is lost, before it came to be issued, the loss would be only in terms of the stationary and printing charges. In Ch.P.Reddy’s case (1 supra), this Court took the view that wherever the tickets are lost, in the hands of a conductor, or any other employee of the Corporation, and there is no allegation as to the misuse of the lost tickets, the Corporation would be entitled to recover only the printing charges. Following the same, the writ petition is allowed and the respondents are directed to refund the amount recovered from the petitioner towards the value of the lost tickets, duly deducting the printing charges of the same. The amount shall be refunded to the petitioner either in lumpsum or in installments of Rs.2,000/- per month. There shall be no order as to costs. _________ 26.03.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6405 of 2008 Date: 26.03.2008 JSU [1] 2000(5) ALT 7