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2000 Supreme(AP) 388

Andhra Pradesh High Court
Judges : V.V.S.RAO
Ramakoteswar Rao - Appellant
Versus
General Manager, A.P.S.R.T.C. - Respondent
Decided On : 06-12-00

Headnote:

A. P. S. R. T. C. Employees Regulations, 1963 - Regulation 28 - A. P. State Road Transport Corporation - Employee abused - Manager - Petitioner submitted explanation to the charge-sheet inter alia submitting that he was booked for night out service, that all the staff booked for night services after performing link duty are to stay back till the next day morning to pick up the link duties, that on that date he came as there was no accommodation at point, that he became unconscious and felt giddiness, that he did not abuse the depot Manager wilfully and that he might have abused in his unconscious state and that he may be excused for the lapse on his part - Held, Learned Counsel also submitted that the appellate authority relied on the apology letter given by the petitioner - According to the learned Counsel, an employee cannot be held to be guilty placing reliance on an apology letter - He relied on a Judgment of the Supreme Court - After going through the Judgment of the supreme Court, Court have carefully considered the submission - In the Supreme Court, the conductor was found to have committed misconduct of not collecting proper fare and for that purpose the Enquiry Officer relied on the report of the Transport inspector which is also signed by the respondent - As the bus was a city bus, the supreme Court observed that the examination of passengers could have established beyond doubt whether they had boarded the bus at one stop or the other stop and whether the Conductor was justified in charging from the passengers instead - Petition dismissed

V. V. S. RAO, J.

( 1 ) ). THE petitioner is an employee of A. P. State Road Transport Corporation (the RTC, for brevity ). While working as Driver in, kodada Bus Depot, disciplinary enquiry was conducted against him for misconduct under Clauses (xviii), (xxi) and (xxvii) of regulation 28 of A. P. S. R. T. C. Employees (Conduct) Regulations, 1963 (the regulations for brevity ). The Depot manager, Vijayawada by order dated 5-12-1986 imposed the punishment of reduction of pay by four incremental stages for a period of four years and further ordered to treat the period of suspension as not on duty The appeal by the petitioner to the 2nd respondent was also dismissed by an order-dated 8-6-1990. These orders are challenged in this writ petition.

( 2 ) ). The petitioner was placed under suspension by an order-dated 16-9-1985 for misconduct. By the same order, the following charges were framed against him. (1) For having used vulgar and unparliamentary language against the Depot Manager, Jaggaiahpet on 10-9-1985 at about 20. 00 hours, which is a serious, misconduct under Reg. 28 (xviii) of APSRTC employees (Conduct) Regulations, 1963. (2) For having abused and used very vulgar language against the female family members of the DM/jpt at about 20. 00 hours on 10-9-1985, which constitutes serious misconduct under Reg. 28 (xviii) and (xxi) of APSRTC Employees (Conduct) Regulations, 1963. (3) For having threatened the Depot manager, JPT that you would cut him into two pieces as was done in the case of son of Sri R. Rama rao, DVM, which constitutes misconduct under Reg. 28 (xviii) of a. P. S. R. T. C. Employees (Conduct) regulations, 1963. (4) For having attacked the residence of the Depot Manager JPT in a drunken condition on 10-9-1985 at about 20. 00 hrs. which constitutes misconduct under Reg. 28 (xviii) of a. P. S. R. T. C. Employees (Conduct) regulations, 1963. (5) For having absconded from Kodad point after spell of your duty on 10-9-1985 and misbehaved with the Depot Manager, Jaggaiahpet on 10-9-1985 at 20. 00 hrs. which constitutes misconduct under Reg. 28 (xxvii) and (xviii) of A. P. S. R. T. C. Employees (Conduct) Regulations, 1963.

( 3 ) THE petitioner submitted explanation to the charge-sheet inter alia submitting that on 10-9-1985 he was booked for Pedaveedu night out service, that all the staff booked for night services after performing link duty are to stay back till the next day morning to pick up the link duties, that on that date he came to Jaggaiahpet from Kodada as there was no accommodation at Kodada point, that at Jaggaiahpet he became unconscious and felt giddiness, that he did not abuse the depot Manager wilfully and that he might have abused in his unconscious state and that he may be excused for the lapse on his part. After receiving the explanation, the chief Inspector (Enquiries) in the office of the Divisional Manager, Vijayawada, was appointed as the Enquiry Officer.

( 4 ) THE Enquiry Officer examined the depot Manager, Jaggaiahpet as witness on 16-12-1985. He stated that on 10-9-1985 at about 20-00 hours the petitioner raided his house in a drunken condition, used vulgar language against him, used unparliamentary language against his family members and threatened him by saying that he would cut the Depot manager into two pieces as was done to tte son of the Divisional Manager, R. Rama rao, that he has rowdies in his hands and he would see the end of the Depot manager. The Depot Manager also stated that the petitioner spat against him and that the petitioner who was to stay at Kodada point to pick up the schedule on 11-9-1985 came to Jaggaiahpet in a drunken state. The petitioner was present when the statement of the Depot Manager, Jaggaiahpet was recorded. The petitioner endorsed below the statement of the Depot Manager that the statement of the Depot Manager has been recorded correctly in his presence and that he does not wish to cross-examine the depot Manager, Jaggaiahpet. The petitioner also gave a statem





















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