IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 1777 of 2006 Between: M.K. Baig, E-43198, Conductor, Mahaboobnagar District, ..... PETITIONER AND 1 The Depot Manager, APSRTC, Nagarkurnool, Mahboobnagar District, 2 The Labour Court-III, Rep,. by its Presiding Officer, Hyderabad, .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of writ of CERTIORARI by calling for the records relating to and in connection with the Award of the labour Court in I.D.No. 19/2004, dt. 24- 10-2005, which was published in the gazettee vide G.O.Rt.No. 2445 dt. 24-11-2005 and to set aside the same as illegal, unjust, arbitrary, harsh punishment consequently direct the respondents to reinstate the petitioner with continuity of service with full back wages and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondents: SMT.B.G.UMA DEVI The Court made the following : ORDER: The petitioner was employed as Conductor in the APSRTC. A charge sheet, dated 26.08.2003, was served upon the petitioner, alleging that on 17.08.2003 when he conducted the bus on the route from Hyderabad to Nagarkurnool, he committed certain acts of irregularity in the matter of issuing tickets. After considering the explanation submitted by the petitioner, the Depot Manager, the 1st respondent, passed an order, dated 08.01.2004, directing removal of the petitioner from service. The appeal and the review filed by the petitioner ended in rejection. Therefore, he approached the Labour Court-III, Hyderabad, by filing I.D.No.19 of 2004. Through its order, dated 24.10.2005, the Labour Court passed a ‘Nil’ award. Hence, this Writ Petition. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. One important development that has taken place in the matter is that the petitioner has already reached the age of superannuation. Therefore, the question of directing his reinstatement does not arise. This Court would have considered the feasibility of granting any relief to the petitioner, in case it is established that the charges against the petitioner are either untrue, or trivial. The record, however, discloses that the petitioner was removed from service twice, on the disciplinary grounds, and in fact, he was appointed as a Conductor afresh in the year 1990. Further, the allegations relate to the collection of Rs.16/-, each, from three passengers and the issuance of wrong tickets to the said passengers of different denominations on noticing the checking officials. When such is the record of the petitioner, no relief can be granted. The Writ Petition is accordingly dismissed. It is, however, directed that, in case, the respondents have not released the service benefits of the petitioner, they shall do so, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ Dt.19.03.2008 L.NARASIMHA REDDY, J GJ To 1 The Depot Manager, APSRTC, Nagarkurnool, Mahboobnagar District, 2 The Presiding Officer, Labour Court-III, Hyderabad. 3. 2CD copies