THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.2019 of 2003 ORAL ORDER: This writ petition is directed against the award made in I.D.No.9 of 2000 dated 28.3.2002 on the file of the Industrial Tribunal-cum- Labour Court, Warangal, wherein the claim petition filed by the petitioner under Section 2-A(2) of Industrial Disputes Act, 1947 seeking to set aside the removal order dated 6.3.1996 and to reinstate him into service with all benefits was dismissed in toto. It appears, petitioner was working as Conductor in the Respondent Corporation and while he was conducting the Bus on 26.11.1995 on the route Ellandu to Bellampalli, a check was exercised by the checking officials and in the said check, petitioner was found to have involved in certain cash and ticket irregularities. Therefore, a charge sheet was issued to him enumerating the following charge: “For having committed serious cash and ticket irregularities and pulled the SR from checking officials while they were verifying the reissue tickets and torned them while you were conducting the vehicle No.8172 on 26.7.1995 on route YELLANDU-BELLAMPALLY which constitutes misconduct under Regulation 28(x) of APSRTC Employees Conduct Reg.1963”. Petitioner submitted explanation to the said charge sheet, and having not satisfied with the same, an enquiry was ordered and the enquiry officer after conducting a detailed enquiry submitted his report holding the petitioner guilty of the charges. On the basis of the said report, the disciplinary authority, after completing all the formalities passed removal order dated 6.3.1996. Aggrieved thereby, petitioner filed appeal and revision and the same were dismissed. Having left with no other option, petitioner filed claim petition under Section 2-A(2) of I.D. Act before the Labour Court, Warangal. It was the case of the petitioner before the Labour Court that the enquiry was not properly conducted and absolutely there was no evidence to prove the charges and further the charges are trivial in nature and assuming that they are proved, the punishment of removal from service is shockingly disproportionate to that of the misconduct alleged. Therefore, the award passed by the Labour Court is liable to be set aside and petitioner is entitled for reinstatement with continuity of service with all consequential benefits. Respondents filed a detailed counter stating that the petitioner has committed serious misconduct of reissuing the tickets, which cannot be pardoned and even the past conduct of the petitioner was not clean. He was censured 14 times, his annual grade increments were deferred for 29 times, and removed earlier once for the similar misconduct. On a detailed consideration of the entire material placed before it, the Labour Court came to the conclusion that the enquiry conducted by the management was just and proper and insofar as charges are concerned, there is any amount of evidence to prove the said charges and the charges are proved beyond any reasonable doubt, therefore the removal order passed by the respondents cannot be said to be either arbitrary or illegal and thus dismissed the claim petition filed by the petitioner. Having heard the learned counsel on either side and perused the impugned award and other material available on record, I am of the opinion that the charges are very grave in nature. The misconduct alleged is a pre-meditated one. The tickets issued by the petitioner, were utilized in the earlier journey and he had reissued the same. Apart from that the past conduct of the petitioner was not clean as noticed above. Therefore, when the Labour Court recorded a finding that the enquiry conducted as valid and the charges are proved beyond reasonable doubt, I am of the view that the Labour Court has rightly confirmed the removal order passed by the respondents, which cannot be interfered by this Court under Article 226 of the Constitution of India. The writ petition is devoid of merits and liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. ______________ C.V.RAMULU, J Date: 10.2.2011 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.2019 of 2003 10.2.2011 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.2019 of 2003 Date: 10th February, 2011 Between: D.D.Raju .. Petitioner And The Depot Manager, APSRTC, Mahabubabad Depot, Warangal district and others. .. Respondents