HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G. SHANKAR W.A. No. 547 of 2011 DATED: 20.07.2011 Between:- G. Yadava Reddy .. Appellant A N D The Depot Manager, APSRTC .. Respondent JUDGMENT: (Per Hon’ble Sri Justice Ghulam Mohammed) This Writ Appeal is preferred against the order dated 09.02.2011 passed in W.P. No. 23695 of 2005 whereby the learned Single Judge dismissed the writ petition upholding the Award dated 02.05.2005 passed in I.D. No. 51 of 2004 by the Industrial Tribunal- cum-Labour Court, Godavarikhani. The brief facts of the case are that the petitioner was appointed as Conductor in Andhra Pradesh State Road Transport Corporation with effect from 22.05.1990. While so, on 18.07.2003, when the petitioner was conducting bus service on the route from Nirmal to Bhadrachalam, a check was exercised by the checking officials, wherein certain cash and ticket irregularities were detected. On the basis of the Charge Memo issued by the checking officials, the following charges were framed: i) For having failed to observe to rule issue, close and start, which constitutes misconduct in terms of Regulation No. 28(vi-a) & (xxxii) of APSRTC Employees (conduct) Regulations, 1963. ii) For having collected Rs.36/- (each 18/-) from a batch of passengers at their boarding point itself and failed to issue tickets to them who boarded the bus at Kothagudem Stage No. 51 and alighting without tickets at Bhadrachalam Stage No. 57, which constitutes misconduct in terms of Reg. No.28(vi-a) and (xxxii) of APSRTC employees (Conduct) Reg. 1963. iii) For having closed the SR against Stage No. 57 of all denominations, without issuing tickets to the above two passengers, which constitutes misconduct in terms of Reg. No.28(xxv) of APSRTC Employees (Conduct) Reg., 1963. iv) For having found as many as 35 tickets of various denominations, which were unconcerned to the service STAR SR and 26 tickets of various denominations, of previous S.Rs. and old reservation charts each – 4 and STAR SR of Sri N. Yoganandam, E.85918 conductor of Mushirabad depot number nil and auxiliary way bill No. AO/2466902, which constitutes misconduct in terms of Regulation No.28 (xxxi) and (xxxii) of APSRTC employees (conduct) Regulations, 1963. The petitioner submitted his explanation to the above charges, but since it was not found satisfactory, enquiry was ordered to be conducted. The enquiry officer, who conducted the enquiry, submitted a report holding that the petitioner was guilty of the charges leveled against him. The disciplinary authority, after going through the enquiry officer’s report and other material, issued a Show Cause Notice, and after completing all the formalities, removed him from services by passing an order dated 21.07.2004. Being aggrieved thereby, the petitioner filed an appeal and also a revision petition, however both of them were dismissed. Having no option, the petitioner raised an industrial dispute in I.D. No. 51 of 2004 before the Labour Court, which was also dismissed. Challenging the Award dated 02.05.2005, the petitioner filed the writ petition in W.P. No. 23695 of 2005, and the same was also dismissed. Being aggrieved thereby, the petitioner has preferred the present Writ Appeal seeking to set aside the order of the learned Single Judge. Heard the learned counsel for the petitioner and perused the material placed on record. A careful perusal of the order impugned in this appeal reveals that according to charge Nos.2 and 4, the petitioner, though collected money at Stage No.51 and the bus reached Stage No.57 where the passengers in question got down, did not issue tickets to them and closed the S.R. with all denominations. That apart, as many as 35 tickets of various denominations which are unaccounted for in the S.R. and 26 tickets of various denominations of previous S.Rs. and old reservation charges each – 4 STAR SR of Sr No. Yoganandam, Conductor of Mushirabad, Depot Number Nil and auxiliary Way Bill No. AO/2466902 were in his possession. This itself shows that the charges are not only grave in nature but also premeditated. From this, it can be inferred that the petitioner is in the habit of keeping tickets which are irrelevant for the purpose of a particular route. Moreover, the past conduct of the petitioner was also not good as is evident from the averments made in the counter filed by the Depot Manager in the writ petition and the same remained uncontroverted. Further, the petitioner was censured for eight times, increments were deferred for 12 times, services were suspended on three occasions and once, he was even removed from service for the similar misconduct of cash and ticket irregularities. For the foregoing reasons, we are of the considered view that the order impugned in the appeal is perfectly justified and does not warrant any interference by this Court. Hence, the Writ Appeal is devoid of any merits, and the same is accordingly, dismissed. No order as to costs. _____________________ GHULAM MOHAMMED, J 20.07.2011 _______________ K.G. SHANKAR, J bcj