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2017 Supreme(SC) 1637

R.K.AGRAWAL, A.M.SAPRE
A. P. S. R. T. C. , REP. BY DEPOT MANAGER – Appellant
Versus
G. MURALI – Respondent


Advocates Appeared:
For the Appellant : Mr. G.N. Reddy, AOR.
For the Respondent: Mr. A. Ramesh, Adv., Mr. Syed Ahmad Naqvi, Adv. For Mr. A. Venayagam Balan, AOR.

ORDER :

1. Heard learned counsel appearing for the parties and perused the impugned judgment and order dated 30th June, 2008 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad.

2. It appears that the respondent was working as a Conductor in the appellant-Corporation. On 16th June, 1994 he was on duty as Conductor in Bus No.1199. A surprise check was conducted by the TTI who found that certain passengers have not been issued tickets, even though the fare was collected by the respondent. The statements of the passengers were recorded. Disciplinary proceedings were initiated and the Enquiry Officer found all the charges proved and order of removal from service was passed by the disciplinary authority.

3. The matter was taken by way of industrial dispute being ID No.189/95 and the Industrial Tribunal-cum-Labour Court, Warangal vide order dated 30th December, 1999 had held that the charges 2 to 5 stand not proved for the simple reason that the statements of the passengers which were relied upon by the appellant-Corporation was specifically denied by the respondent and he had stated that he had issued all the tickets for which the fare was charged and the allegation that no



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