R.Selva Narayanan, S/O.M.Ramu v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.6394 of 2017 R.Selva Narayanan ... Petitioner vs.
1.The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, represented by its Managing Director, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi.
3.The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Madurai Branch, Ulaganeri, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for 1/7
issuance of Writ of Declaration, to declare the action of the respondents in imposing recovery of Rs.24,105/- from the petitioner towards loss of unused spare ticket books bearing Nos.PIT2-94004-94500 and the action of the respondents in collecting Rs.12,105/- from the petitioner towards 50% of the recovery amount as illegal and arbitrary and further forbearing the respondents from making any recovery from the petitioner's salary towards recovery amount imposed for loss of ticket books and further, to direct the respondents to refund the amount recovered from the petitioner towards loss of tick books. For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman *****
O R D E R
This writ petition is filed for issuance of a writ of Declaration, to declare the action of the respondents in imposing recovery of Rs.24,105/- from the petitioner towards loss of unused spare ticket books bearing Nos.PIT2-94004-94500 and the action of the respondents in collecting Rs. 12,105/- from the petitioner towards 50% of the recovery amount as illegal and arbitrary and further forbearing the respondents from making any recovery from the petitioner's salary towards recovery amount imposed for loss of ticket books 2/7
and further, to direct the respondents to refund the amount recovered from the petitioner towards loss of tick books.
2. The writ petitioner has joined as Conductor from 01.09.2007. On 07.04.2017, the petitioner was allotted duty in the route starting from Madurai to Thanjavur. While on duty, the petitioner's bag containing unused spare ticket bearing Nos. PIT2-94004 to 94500, tiffin box and dresses were missing from the bus. The petitioner thoroughly searched the place including Mattuthavani Bus Stand, Madurai, where the bus stopped on 08.04.2017. at 11.00 am. Immediately, the petitioner lodged a complaint before the Anna Nagar Police Station and received an acknowledgment for receiving the complaint. The petitioner also informed the management that the ticket books were lost and also informed that he had lodged a police complaint. Thereafter the petitioner approached the 2nd respondent on 09.04.2017 and requested him to provide him duty. But the 2nd respondent insisted that unless the petitioner pays 50% of face value of tickets, he will not be granted duty. The petitioner informed that he is not liable to pay the 3/7
amount towards the missing ticket books. The respondents recovered the said amount without issuing show cause notice. Further, the petitioner was stopped from regular duty and he was threatened. Hence, left with no option, the petitioner remitted Rs.12,105/- towards missing ticket books and balance amount would be recovered from the salary next month and the total recovery amount is Rs.24,105/-. Aggrieved over the same, the present writ petition is filed.
3. The 2nd respondent has filed a counter affidavit stating that the ticket books were lost because of the petitioner's negligence. Hence, as per Rules, the petitioner was directed to pay the loss incurred by him to the Corporation.
4. Heard Mr.A.Rahul, learned Counsel appearing for the petitioner and Mr.D.Sivaraman, learned Standing Counsel appearing for the respondents and perused the records.
5. The issue of recovery of loss of ticket books due to theft was already considered by the respondents and the Union of the respondent Corporation and 4/7
have entered into 12(3) settlement in the year 1995. Clause of 29 of the 12 (3) settlement is extracted hereunder:
"Clause 29. That in the event of loss of ticket books is reported by way of complaint to the police and such loss had occurred due to accident, theft or robbery no recovery should be made from the concerned conductor"
6. The petitioner also relied on the Division Bench judgment rendered by this Court in W.A. No. 142 / 2012 dated 16.11.2014 in K.C.Palanisamy Vs TNSTC (Coimbatore) Limited and the relevant portion is culled out hereunder: "As far as the case in hand is concerned also, the appellant has intimated instantaneously about the loss of unused ticket books both to the police station as well as to the respondent Corporation. Hence no negligence can be attributed against the appellant. Therefore the matter in issue is covered by the Division Bench Judgment referred above. The Learned Single Judge has not considered the said aspect. In the light of the said Division Bench Judgment the order of the Learned Single Judge cannot be sustained."
7. In the instant case, the petitioner preferred a complaint to police. Therefore, this Court is convinced that the petitioner is protected under the clause 29 of the 12(3) settlement for loss of bag due to theft. 5/7
8. Therefore, this Court is directing the respondents to refund the amount already deducted. As far as the balance amount is concerned, respondents are directed not to recover, since the petitioner is protected under Clause 29.
9. With the above said observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 22.11.2022 Internet : Yes Tmg 6/7
S.SRIMATHY, J Tmg 22.11.2022 7/7