THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 27994 of 2007 O R D E R: None appears for the petitioner. Heard Smt. P. Rajani Reddy, learned Standing Counsel for the respondent Corporation. This Writ Petition is directed against the order passed on 20.04.2007 by the Depot Manager, Husnabad, ordering for recovery of an amount of Rs.28,331/- from the salary of the writ petitioner in 36 equal monthly installments, commencing from May 2007. The writ petitioner was employed as a Conductor with the APSRTC. For the purpose of collecting the fare from the commuting passengers, the APSRTC gets tickets printed and supplies in a tray to each Conductor before he embarks upon conducting the bus service concerned. It is alleged that the writ petitioner, while he was conducting a bus service on 29.04.2006, lost the tray. Based upon the findings recorded at the preliminary enquiry and the enquiry report submitted by the Superintendent of Husnabad Depot, accountability is sought to be fastened on to the writ petitioner for the loss caused to the Corporation. The Depot Manager has taken into account and consideration the total value of the fare, which the Conductor was liable to recover from the commuting passengers, when they are sold. In other words, the face value printed on the tickets has been taken into account and the entire amount of Rs.28,331/- is thus sought to be recovered from his salary in 36 monthly installments, but however, what has been lost by the Conductor is only the property of the Corporation. Misappropriation of the Corporation funds or the sale value of tickets stands entirely on a different footing. If a Conductor of a bus service collects the fare from the passengers, but does not bring it to the books of account of the Corporation, it would be a different matter. If bus tickets are not sold to any passengers and consequently, the fare is not collected from any of the commuting passengers, but however, the tickets are lost, then the question of causing loss to the extent of the value of the tickets would not arise. Since some amount would have been expended by the Corporation, for getting the tickets printed, that much of amount would have been the loss sustained by the Corporation. Therefore, it would have been appropriate for the Corporation to recover the printing and stationery charges that the Corporation would have incurred in getting those number of tickets printed, because, that is the actual loss sustained by the Corporation. This apart, since the writ petitioner was found careless and negligent, perhaps, an appropriate minor punishment could have been imposed as well on him for such act of proven misconduct on his part. But, it is improper to collect the entire face value of the tickets. I am, in fact, supported by a judgment rendered by Justice Bilal Nazki, (as he then was), in Ch. P. Reddy v. APSRTC, Hyderabad[1]. In somewhat similar circumstances, I have also subscribed to the same reasoning, which the learned Judge has done. Therefore, I allow this Writ Petition, set aside the impugned order passed by he Depot Manager, Husnabad Depot on 20.04.2007, granting him liberty to determine and recover the printing and stationery charges for the lost tickets together with the cost of the tray belonging to the Corporation which was supplied to the writ petitioner and also granting liberty to impose a suitable minor punishment for the proven misconduct on the part of the petitioner. If any amount was recovered from the writ petitioner by now, the same may be adjusted against the amount, which is liable to be recovered from him and in case the recovery of amount from his salary and allowances has exceeded the said recoverable amount, the excess amount may be refunded within a maximum period of four weeks from the date of determining the amount to be recovered. With this, the Writ Petition stands allowed to the extent indicated supra. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 17th June 2010 ksld [1] 2000(5) ALD 93