IMPORTANT POINT
Normally, Courts do not substitute the punishment unless they are shocking disproportionate.

JUDGMENT

A.K. Mathur, J.—Leave granted.

2. This appeal is directed against an order passed by the learned Single Judge of the Uttaranchal High Court at Nainital in Writ Petition No. 729(M/S) of 2001 whereby learned Single Judge by order dated 28.7.2005 has confirmed the finding of the Tribunal holding the delinquent guilty of charges but the punishment of dismissal is not commensurate to the charges leveled against the respondent. The learned Single Judge has reduced the punishment from that of dismissal to that of punishment of one censure entry and stoppage of two increments with cumulative effect. It is, however, held that the respondent shall not be paid back wages but the continuity of the service shall be given to him with cumulative effect. Hence, the present appeal has been filed by U.P. State Road Transport Corporation, Dehradun.

3. Brief facts are that the respondent was appointed as a Conductor on 24.7.1988. While he was carrying the bus of U.P. State Road Transport Corporation (hereinafter referred to as ‘the Corporation’) on 28.7.1989 from Uttarkashi to Chamoli, the bus was suddenly checked and it was found that twenty passengers were travelling without ticket in the bus. A chargesheet was served to him for misconduct and after holding a domestic enquiry, he was dismissed from service w.e.f. 5.1.1990. After dismissal from service he raised an industrial dispute. A reference was made to the Industrial Labour Court which reads as under :

“Whether the termination of the services of the applicant/workman Shri Suresh Pal, s/o Nathu Ram, Conductor by the employers from 5.1.1990 is unjustified and/or illegal? If so, to which benefit/compensation the applicant/workman is entitled and to what extent?”

4. After receipt of the reference, the Labour Court issued notices to the parties. The Labour Court after considering the domestic enquiry found the charges proved against the respondent and upheld the dismissal.

5. Aggrieved against this order the respondent filed writ petition before the High Court of Uttaranchal at Nainital. The learned Single Judge though confirmed the findings of Labour Court against the delinquent but reduced the punishment as aforesaid. Hence present Special Leave Petition by the Corporation.

6. We have heard learned counsel for the parties and perused the record.

7. Short question for our consideration in the present case is whether the punishment which has been modified by the learned Single Judge is justified or not? The learned Single Judge found that the punishment awarded in the present case is disproportionate to the guilt of the delinquent. So far as, the guilt of the petitioner is concerned, in the domestic enquiry it has been found that the petitioner is guilty of not issuing tickets to the twenty passengers and the same finding of the domestic enquiry has been upheld by the Labour Court & High Court. The petitioner was a conductor and holding the position of trust. If incumbent like the petitioner starts misappropriating the money by not issuing a ticket and pocketing the money thereby causing loss to the Corporation then this is a serious misconduct. It is unfortunate that the petitioner was appointed in 1988 and in the first year of service he started indulging in mal practice then what can be expected from him in the future. If this is the state of affair in the first year of service and if such persons are allowed to let off to the light punishment then this will be a wrong signal to the other persons similarly situated. Therefore, in such cases the incumbent should weeded out as fast as possible and same has been upheld by the Labour Court. We are firmly of the view that such instances should not be dealt with lightly so as to pollute the atmosphere in the Corporation and other co-workers.

8. Normally, courts do not substitute the punishment unless they are shocking disproportionate & if the punishment is interfered or substituted lightly in the punishment in exercise of their extra-ordinary jur