HONOURABLE MR.JUSTICE B.PRAKASH RAO AND HONOURABLE MR.JUSTICE B.SESHASAYANA REDDY WRIT APPEAL No.1188 of 2002 JUDGMENT: (Per Hon’ble Mr.Justice B.Prakash Rao) This appeal is at the instance of the unsuccessful petitioner who is an employee of the respondent No.2-Corporation working a a conductor and whose services were sought to be terminated having regard to certain irregularities found during inspection. The case of the petitioner is that he has been working as conductor and while he was conducting a bus on 30/09/1996 from Devarakonda to Namalipur-Gagilapur, there was a check by the T.T.Is. at Polapally at about 12.30 hrs. During the said inspection, certain irregularities were found which constituted the charges for the purpose of trial which reads as follows: 1) For having violated the rule 'Issue and Start, on route 6.30 hours Mall-Namalipr on 30/09/1996, which constitutes misconduct on your part in terms of Reg.28 clause XXXI of APSRTC Employees' (Conduct) Reg.1963 2) For your failure to issue tickets to two passengers (individuals) even after collecting the requisite fare of Rs.3.50 each at boarding place itself, who boarded our bus at Deverakonda and bound for Gagillapur, ex.Stages 1 to 4, which constitutes serious misconduct on your part in terms of Reg.28 clause (iv) (a) of A.P.S.R.T.C. Employees' Conduct (Reg.), 1963. 3) For having issued used tickets bearing No.365/024387 and 365/024389 of Rs.2.50 denomination from Devarakonda to Gagillapur which were already issued at stage No.3 at 10.45 hours trip from Nemlipur to Devarakonda, which constitutes serious misconduct on your part in terms of Reg.28 clause (xxiii) of A.P.S.R.T.C. Employees (Conduct) Reg.1963. 4) For having closed the tray numbers up to stage No.3 without completing the above said ticket issues which constitutes misconduct on your part in terms of Reg.28 clause (xxxi) of A.P.S.R.T.C. Employees (Conduct) Reg.1963. Thereafter, a regular enquiry was conducted where the petitioner had an opportunity and he came up with an explanation that at the time of check the passenger in question has produced an old ticket in spite of the tickets issued by petitioner and the same was not accepted. Ultimately, he was removed from service. Challenging the same, he raised a dispute and ultimately even during the enquiry, both sides produced the evidence. Respondent No.1 did not find favour with the contentions urged on behalf of the petitioner nor with the explanation as sought for and confirmed the award. While rejecting the said explanation it has categorically found by the Labour Court that the alleged old tickets do not tally with the entries either in the SR or even from the trip ticket. The alleged tickets were found to be issued at Stage No.1 and therefore, the said change was not believed and accepted. With this finding of fact the Labour Court confirmed the findings of the disciplinary enquiry. Challenging the same even the writ petition filed by the petitioner was not found favour by the learned Single Judge mainly on the ground that having regarding to the finding of fact and the award of the Labour Court, it is not open for this Court to re-appreciate the same and come to a different conclusion. Hence,this appeal. Having heard the learned counsel for the appellant and also on perusal of the material on record, it is seen that the explanation for the old tickets being in possession was not accepted and apt consideration vis-a-vis relevant material on record which constitute a finding of fact as rightly pointed out by the learned Single Judge. In view of the same, we are in entire agreement to the effect that such finding of fact as such is a subject of enquiry and it is not for this Court under Article 227 of the Constitution of India. Hence, there are no merits. The Writ Appeal is accordingly dismissed. However, it is open for the appellant herein to apply once again to the respondent for fresh appointment and the same shall be considered more aptly in the circumstances. No order as to costs. _________________ B.PRAKASH RAO, J __________________ Date: 03-08-2009 SANJAY KUMAR, J SKM