Chembati Ramakrishna v. The Depot Manager, A.P.S.R.T.C.,

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.15861 OF 2003 ORDER:

1.

This writ petition is filed seeking to issue a writ of Certiorari calling for the records relating to and connected with I.D.No.14 of 1998 on the file of the Labour Court, Guntur and to quash the award dated 18.09.2001 passed therein, by holding it as illegal and arbitrary.

2.

Heard Sri N. Narasimha Rao, learned Counsel for the petitioner and Sri K. Srinivasa Rao, learned Standing Counsel for the respondent-Corporation.

3.

It is the case of the petitioner that he was appointed as conductor in the year 1995 in the respondent-corporation. While he was discharging his duties on 15.12.1996, the checking officials of the respondent-Corporation conducted check and alleged that he indulged in cash and ticket irregularities. The respondent-Corporation construing the said act as misconduct initiated disciplinary proceedings against the petitioner, and after conducting enquiry, imposed punishment of removal from service on the petitioner on 11.6.1997. Aggrieved by the same, the petitioner unsuccessfully filed appeal, and thereafter, he raised Industrial Dispute before the Labour Court in I.D.No.14

of 1998. But the Labour Court dismissed the I.D. Challenging the same, the present writ petition is filed. 4.

Learned Counsel for the petitioner submitted that except the incident in question, there are no such other incidents in the entire service career of the petitioner and that the punishment of removal is very disproportionate and that the Labour Court ought to have applied proportionality theory and interfered with the punishment of removal, but the Labour Court has erroneously dismissed the I.D.

5.

Learned Standing Counsel for the respondentCorporation contended that the disciplinary authority imposed punishment of removal for the proven misconduct and the Labour Court has rightly dismissed the I.D., and therefore, the award impugned does not warrant any interference. 6.

This Court having considered the submissions made by the parties and the nature of the charges levelled against the petitioner, is of the considered view that the punishment of removal imposed by the respondent-Corporation is very disproportionate and the Labour Court ought to have examined the case of the petitioner and interfered with the punishment of removal by applying the proportionality theory and at least, the Labour Court ought to have directed the respondentCorporation to reinstate the petitioner into service as fresh

conductor. Since the punishment of removal is shockingly disproportionate, this Court feels that ends of justice would be met if the respondent-Corporation is directed to reinstate the petitioner into service as fresh conductor.

7.

Accordingly, the Writ Petition is disposed of directing the respondent-Corporation to reinstate the petitioner into service as fresh conductor, subject to medical fitness, without continuity of service, without back wages and other attendant benefits. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated:22nd November, 2018.

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HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 15861 OF 2003 22/11/2018 Nn.