THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1026 of 2005 ORAL ORDER: This writ petition is filed challenging the Award made in I.D.No.53 of 2002 dated 6.5.2004 on the file of the learned Chairman and Presiding Officer, Industrial Tribunal-cum-Labour Court, Visakhapatnam, whereunder the application filed under Section 2-A(2) of the I.D. Act, 1947 assailing the order of removal passed by the respondent-management and seeking reinstatement with back wages and continuity of service was dismissed. Petitioner is workman and second respondent is management. It appears, petitioner, who was a casual Conductor in APSRTC, while conducting the Bus on 18.1.2001 on the route Parvathipuram to Veeraghattam, a check was exercised by the checking officials and found certain cash and ticket irregularities. On the basis of the same, a charge memo was issued to the petitioner and based on the charge memo, the following charges were framed: 1. For having failed to observe the rule ‘issue and start’ which constitutes misconduct under Reg. 28(xxxii) of APSRTC Employees’ (Conduct) Regulations, 1963. 2. For having collected an amount of Rs.15/- towards the requisite fare from a batch of two adult passengers and one chargeable child passenger who boarded your bus at Khadavalasa and found alighting at Veeraghattam ex- stages 3 to 7 and issued one adult ticket No.392/861137 of Rs.6.00 denm. E.1 and one chargeable child ticket No.834/367579 of Rs.3.00 denm. E.1 and you have failed to issue ticket worth of Rs.6.00 to one adult passenger, which constitutes misconduct under Reg. 28(vi)(a) of APSRTC Employees’ (Conduct) Regulations, 1963. 3. For having failed to sign on the charge memo No.AO/128604 dated 18.1.2000 and MTD 43/R No.1183852 dt. 18.1.2000 when asked by the checking officials and provoked the passengers against the checking officials and caused obstructions for discharging their duties, which constitutes misconduct under Reg. 28(xxxii) and (xxxii) of APSRTC Employees’ (Conduct) Regulations, 1963. 4. For having closed all the tray numbers upto stage No.7 at the time of check without completing the issues, which constitutes misconduct under Reg. 28(xxxii) of APSRTC Employees’ (Conduct) Regulations, 1963. Having not satisfied with the explanation submitted by the petitioner to the above charges, an enquiry was ordered and the enquiry officer submitted his report holding the petitioner as guilty of the charges. The disciplinary authority, after a detailed consideration of the matter found that the petitioner was guilty of the charges and passed order of removal from service on 24.6.2000. Aggrieved thereby, petitioner filed appeal and also revision before the appropriate authorities and the same were dismissed. Thereafter, petitioner filed petition under Section 2-A(2) of the I.D. Act before the Labour Court contending that the respondent-management has not conducted detailed enquiry as required under law. Further, he was not served with enquiry officer’s report for the purpose of submitting his detailed explanation before passing the impugned order. The Labour Court, after a detailed consideration of material available, dismissed the claim of petitioner. Being aggrieved by the said order, the present writ petition is filed. Heard both sides and perused the impugned award and other material made available on record. It is interesting to notice that the petitioner, no where either in the grounds of appeal before the appellate authority or before the Labour Court, has taken the plea of not furnishing the enquiry officer’s report. Therefore, there is no necessity of going into that aspect. Further, the petitioner filed a memo before the Labour Court stating that he is not challenging the procedure adopted in the enquiry. Therefore, the Labour Court held that the enquiry conducted by the respondent- management was proper and valid. Insofar as merits of the case are concerned, the Labour Court found that if there was no check, petitioner would have pocketed the amount of Rs.6.00 and it appears that the petitioner knowing fully well about the misconduct, misbehaved with his superiors at the time of check. The management rightly removed the petitioner from service for the misconduct committed by him and the petitioner does not deserve any relief as claimed by him. The charges, as noticed above, would also indicate that the petitioner has committed serious misconduct though the Bus traveled from stage No.1 to stage No.7 and though petitioner closed the SR at stage No.7, he did not issue proper tickets to the passengers, who were found alighting at Veeraghattam ex-stages 3 to 7 and issued one adult ticket No.392/861137 of Rs.6.00 denm. E.1 and one chargeable child ticket No.834/367579 of Rs.3.00 denm. E.1 and has failed to issue ticket worth of Rs.6.00 to one adult passenger. This is a case where the petitioner having collected money of Rs.15/- towards requisite fare from a batch if two adult passengers and one chargeable child passenger, has not issued a ticket of Rs.6.00 to the passenger. The intention of the petitioner is very clear that he wanted to knock away money by defrauding the revenues of the Corporation. I am of the opinion that neither the disciplinary nor the appellate authority or the Labour Court has committed any error in coming to the conclusion that the petitioner deserves punishment of removal from service. Petitioner is a casual Conductor, and had hardly served the Corporation for 1½ years and he was not even a temporary Conductor. For the foregoing reasons, I am of the view that the petitioner is not entitled for any relief. The writ petition is devoid of merits and liable to be dismissed and accordingly dismissed. No order as to costs. ______________ C.V.RAMULU, J Date: 30.3.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1026 of 2005 30.3.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1026 of 2005 Date: 30th March, 2010 Between: N.Jaikumar .. Petitioner And The Chairman-cum-Presiding Officer, Industrial Tribnal-cum-Labour Court, Visakhapatnam & another. .. Respondents