THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3372 of 2001 ORDER: 1. Challenging the Award dated 31.10.2000 in I.D. NO.2 of 1999 on the file of the Labour Court-Industrial Tribunal, Visakhapatnam, the present Writ Petition is filed. 2. The brief facts are, the petitioner was working as Conductor in Andhra Pradesh State Road Transport Corporation (APSRTC), Ramachandrapuram depot, East Godavari district. On 18.6.1998, while the petitioner was on duty in bus bearing no.AEZ 907 from R.C.Puram to Kakinada, a check was conducted and it was found that the petitioner was having excess cash of 99.50 ps. and it was also found that the petitioner was having some already used tickets of denominations of Rs.3.00; Rs.4.00; Rs.5.00 and Rs.6.00 and re-issued the same and swallowed the revenue. On the said allegations, the second respondent suspended the petitioner and issued charge sheet framing two charges. The petitioner submitted explanation, but as it was not convincing, a regular departmental enquiry was ordered. The Enquiry Officer, after giving due opportunity to both sides, held that the first charge relating to possessing excess amount stands proved, but it is not illegal amount. In so far as the second charge is concerned, it is held that no explanation is forthcoming for having possession of already issued tickets and so the said charge stands proved. Thereafter, after calling for explanation, the petitioner was imposed punishment of removal from service. The said order was challenged by the petitioner before the Labour Court. The Labour Court, upon considering the material on record, held that it is a serious case of misconduct as already sold tickets were kept in the cash bag with a fraudulent intention to reissue the same so as to cause wrongful loss to the Corporation, and therefore, in view of the serious allegations, there are no grounds to interfere with the punishment imposed. Challenging the same, the present Writ Petition is filed. 3. The learned counsel for the petitioner contended that, on the first charge, the Enquiry Officer categorically held that the excess amount held by the petitioner is not illegal amount, and in respect of the second charge, mere keeping the tickets already issued, by itself cannot be said to be a ground to arrive at a conclusion that they were intended to be reissued; that for the purpose of writing accounts, those tickets were kept with the petitioner; that the punishment imposed is disproportionate the proved misconduct. Hence, he prayed to set aside the impugned order. 4. On the other hand, the learned counsel for the respondents 2 and 3 contended that, in view of the serious irregularities committed by, and the proved misconduct of, the petitioner and also considering his past conduct, the Tribunal rightly upheld the punishment imposed by the disciplinary authority, and there are no grounds to interfere with the same. 5. It is not a case of conducting enquiry without following the procedure prescribed under the A.P.S.R.T.C. Employees (Conduct) Regulations, 1963. It is not the case of denial of right of opportunity to participate in the enquiry or denial of cross-examination of the witnesses examined on behalf of the corporation, to the petitioner. The enquiry conducted by the enquiry officer is not shown to be not in accordance with the regulations governing the service conditions of the petitioner. Therefore, the enquiry was properly conducted and due opportunity was given. Now, it has to be seen whether the punishment imposed is disproportionate to the proved misconduct. 6. Checking of the bus bearing No.AEZ 907 by the R.T.C. authorities on 18.6.1998 in the route from R.C. Puram to Kakinada, is not in dispute. Checking of the bus by the T.T.I. took place at 16.55 hours. With regard to possessing excess amount of Rs.99.50 ps., the delinquent employee has given explanation stating that several people gave Rs.100/-, Rs.50/- and Rs.20/- notes, and they might have forgotten to receive the balance. One passenger by name Ch. Sudhakar who was examined during enquiry, claimed that Rs.97/- was due to him from the delinquent employee as he was travelling in the bus at the time of checking of the bus with ticket no.216/365920. 7. No doubt, it is held in charge no.1 that excess amount of Rs.99.50 ps. found with the petitioner is not shown to be illegal amount. But, in charge no.2, it is found that the petitioner was found in possession of 46 used tickets. They were admittedly found in the cash bag of the petitioner at the time of the check by the authorities. Denomination and the numbers, of the ticket, have been specifically mentioned in the earliest point of time. No proper explanation is offered by the petitioner before the Enquiry Officer or before the Tribunal, for keeping the already used tickets of various denominations in his possession at the time of his discharging duties in the bus. No doubt, there is no evidence to show that the petitioner was found issuing the already issued tickets to the passengers, but with what intention he kept the tickets in his cash bag, the reasons are obvious. In view of the fact that number of used tickets were found in the cash bag of the petitioner while discharging his duty as Conductor, it can be inferred that the intention must be to reissue the same to the passengers so that he need not account for the said money to the management. Perhaps, with that intention, he must have kept the said used tickets in his custody. That is the reason, the Tribunal also held that the sold tickets were kept in the cash bag of the petitioner, with a fraudulent intention to reissue them so as to gain wrongfully and cause loss to the management. That finding cannot be shown to be perverse. Past conduct of the petitioner also shows that he was involved in irregularities for 8 times, and that he was censured on four occasions and annual increment was deferred in four cases. Therefore, under no stretch of imagination, it can be said that the punishment imposed is disproportionate to the proved misconduct. 8. The Writ Petition is devoid of merit and is, accordingly, dismissed. --------------------- (K.C.Bhanu, J.) 02.12.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3372 of 2001 02.12.2010 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3372 of 2001 Dated: 02.12.2010 Between: Karri Venkata Reddy …Petitioner And The Chairman-cum-Presiding Officer, Labour Court, -cum-Industrial Tribunal, Visakhapatnam & others …Respondents