THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.13035 of 2003 ORDER: 1 Petitioner, who was appointed as a conductor in the respondent Corporation on 01.02.1998, was removed from service on 04.09.1999 on the ground of misconduct. The appeal preferred by the petitioner was dismissed. Aggrieved thereby the petitioner raised a dispute before the Industrial Tribunal-cum- Labour Court at Ananthapur, which was numbered as I.D.No.126 of 2000 and the Labour court, on appreciation of the entire evidence available on record, was pleased to reject the plea of the petitioner by its award dated 17.12.2002. Hence the petitioner filed the present Writ Petition questioning the award passed by the Labour Court. 2 A detailed counter affidavit is filed wherein it is stated that the petitioner while conducting the bus bearing No.AP 9 Z 4849 on the route Nandyal to Nandikotkur on 07.04.1999 was found with certain cash and ticket irregularities and in that connection a charge memo was issued to him, which are as follows: 1. For having collected requisite fare of Rs.12-00 each and reissued the ticket bearing No.043/645535 to 537 of Rs.12- 00 denm., to a batch of 3 passengers who boarded the bus at Nandyal and bound for Midthur ex.stages 14 to 3 and these tickets are already accounted in UP Journey i.e. from Midthur to Nandyal ex.stages 4 to 14 vide S.R.NO.A5/3254228 dt.7.4.99 thus defrauded the revenues of the Corporation to a tune of Rs.36-00 which constitutes misconduct in terms of Reg. 28(vi)(a) of APSRTC Employees (Conduct) Reg. 1963. 2. For having collected the requisite fare of Rs.5-00 and reissued the ticket bearing No.202/986386 denm., to a passenger who boarded the bus at Nandyal bound for Gadigerveula ex.stages 14 to 9 an the said ticket is already accounted in UP journey i.e. DDVML to Venkateswarapuram ex. Stages 7 to 12, vide service SR.No.0354228 dt.7.4.99 thus defrauded the legitimate revenues of the Corporation to a tune of Rs.6-00 which constitutes misconduct in terms of Reg. 28(vi)(a) of APSRTC Employees (Conduct) Reg. 1963. 3. For having closed the tray Nos. 4 of 1200 den., in serice SR No. A5/3254228 dt.7.4.99 as 54 instead of 540 from stage No.13 to 11 in down trip i.e. from 9-30 hrs Nandyal to Nandikotkur trip and thus not accounted the ticket Nos. 043/645538 to 539 of Rs.12.00 denm., in the SR dated 7.4.99 which were issued to two individual passengers who boarded the bus at Nandayl and bound for Midthur ex.stages 14 to 4, which constitutes misconduct in terms of Reg.28(vi)(a) of APSRTC Employees (Conduct) Reg. 1963. 4. For having closed the 0-50 NP den as single digit ‘3’ instead of 356 from stage No.13 to 11 in service S.R.No. A5/3254228 dt. 7.4.99 which constitutes misconduct in terms of Reg. 28 (xxxii) of APSRTC Employees (Conduct) Reg. 1963. 3 It is further stated in the counter affidavit that prior to his removal from service the petitioner involved in cash and ticket irregularity cases for three times for which he was censured twice and increments were deferred for three months without cumulative effect on one occasion. 4 Heard the counsel for the petitioner and the learned standing counsel for the respondent corporation. 5 The petitioner worked only for a period of 19 months i.e. from 01.02.1998 to 04.09.1999. During the said period of 19 months he was involved in cash and ticket irregularities cases for three times for which he was censured twice and his increments were deferred for three months without cumulative effect on one occasion. This shows the conduct of the petitioner. This type of persons shall not be allowed to be continued in service where they are expected to deal with cash. Accordingly the disciplinary authority, the appellate authority ad the Industrial Tribunal are justified in holding that the petitioner is not entitled to the relief. 6 In the light of the above discussion, I see no merits in this Writ Petition and is thus dismissed. No order as to costs. -------------------- 29.07.2009 kvsn