IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26820 of 2000 Between: P. Laxman, S/o Laxmaiah, R/o Choutapalli, Karimnagar Dist. ..... PETITIONER AND 1 A.P.Road Transport Corporation, Rep. by its Depot Manager, Karimnagar I Depot, Karimnagar. 2 Chairman I.T. Cum Labour Court, Godavarikhani, Karimnagar Dist. .....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 of certiorari or any other appropriate order or direction calling for the records from the 2nd Respondent in I.D.No.72/96, dt: 23-6-2000 published on 25-8-2000 and set aside the same as unwarranted and unjustified with direction to the 1st respondent to reinstate the petitioner with continuity of service and all consequential benifits in the interest of justice. Counsel for the Petitioner :MR.J.KANAKAIAH Counsel for the Respondent No.: SMT.P.RAJANI REDDY (SC FOR APSRTC) The Court made the following : ORDER : The petitioner filed this writ petition under Article 226 of Constitution of India seeking a writ of Certiorari to set aside the award dated 25.08.2000 in I.D. No.72 of 1996 passed by respondent No.2 in which the order of removal dated 01.11.1995 passed by respondent No.1 was confirmed. 2. The brief facts are that the petitioner was appointed as a conductor in the respondent No.1-corporation and he worked for a considerable time. During the course of a check that was conducted on 01.08.1995 certain “Cash and ticket” irregularities were found. The charges against the petitioner are that (i) He violated the rule, issue and start, (ii) He failed to collect fare and also failed to issue tickets to a batch of nineteen(19) passengers, who boarded the bus at Husnabad and bound for Gandhipalli, and (iii) He failed to close the ticket tray numbers of all denominations in the S.R against stage No.10 though the stage No.10 arrived. The enquiry officer, who conducted an enquiry, submitted his report holding that all the three charges are proved. On the basis of the said report, the disciplinary authority i.e., Respondent No.1 herein removed him from service with effect from 01.11.1995. Against the said order, the petitioner herein preferred an appeal and the same also ended in dismissal. 3. Heard the counsel for the petitioner and the learned standing counsel for A.P.State Road Transport Corporation. 4. Having perused the orders impugned in this writ petition including the award passed by the Industrial Tribunal, this Court is of the view that there was dereliction of duty on the part of the petitioner. But, from the same, it cannot be inferred that he had the fraudulent intention of misappropriating the amount. The very charge against the petitioner is that he neither issued the tickets nor collected the money from 19 passengers. The explanation offered by him is that on account of some confusion, he could not issue the tickets and could not collect the fares from those 19 passengers. If he has the fraudulent intention, he would have definitely collected the money without issuing tickets. But that is not the charge against the petitioner. No doubt there is misconduct, but for the said misconduct such a harsh punishment of removal, in my considered view, is not needed and that any punishment should be proportionate to the misconduct. As the petitioner’s explanation is that there was some confusion and further he did not collect any amount from those 19 passengers, this Court is of the view that a lenient view can be taken. 5. Accordingly, this writ petition is disposed of with a direction to respondent No.1 to consider the case of the petitioner for re-appointment as a conductor as a fresher. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J Dated June 16, 2009 KSH