The punishment for misconduct should be proportionate to the gravity of the misconduct.

ORDER :

Battu Devanand, J.

1. The petitioner, a Conductor in the respondent Corporation (Andhra Pradesh State Road Transport Corporation), filed the present writ petition impugning the Award dated 20.01.2006 in I.D. No. 77 of 2001 passed by the 1st respondent-Labour Court, Guntur (the Labour Court for brevity), confirming the punishment of withholding of two increments with cumulative effect imposed by the 2nd respondent vide order dated 20.01.2006 besides treating the period of suspension as not on duty.

2. The facts in brief are that the petitioner joined as casual conductor in A.P. State Road Transport Corporation (the 'Corporation' for brevity) in 1999 and later transferred to Governerpet Depot-1. When the petitioner was returning to Railway Station from Vanukuru, at stage No. 9/Penamaluru, a check was held on 23-02-1998. Observing certain irregularities in the ticketing process i.e., while issuing tickets, the petitioner had issued re-issued tickets of Rs. 2/- denomination, which were used in the previous trip at stage No. 11 and accounted in the SR, the Corporation charge sheeted the petitioner. Subsequently, not satisfied with the petitioner's explanation, the Corporation conducted a departmental enquiry, which culminated in the 2nd respondent passing an Order inflicting on the petitioner the major punishment of withholding of two increments with cumulative effect. Aggrieved by the said punishment, he preferred an appeal before the Regional Manager on 18-02-1999 and the same was dismissed confirming the order passed by the disciplinary authority. Aggrieved by the same, he raised an industrial disputes before the Conciliation Officer and the Assistant Commissioner of Labour by APSRTC Staff and Workers Federation. As there was no amicable settlement, the Government referred the dispute to the Labour Court. Thereupon, the Labour Court confirmed the punishment of penalty imposed by the disciplinary authority. Further aggrieved, the petitioner has filed the present writ petition.

3. Heard Sri G. Vidyasagar, learned counsel for the petitioner and Sri Durga Prasad, learned counsel for ASPRTC.

4. Learned counsel for the petitioner submits that the Award of the Labour Court in confirming the order of the disciplinary authority is wholly illegal, arbitrary and without any basis. He further submits that the petitioner has not issued re-issued tickets as alleged in the charge memo and that he issued valid tickets to the passengers and wrong entries have been made in the S.R. due to improper and double printing on the tickets. He further submits that the Labour failed to see that cash has not been counted by the Checking Officials at the time of check. He submits that the labour Court erred in finding that the witness did not admit that the ticket numbers were printed unserially, though in the enquiry, the TTI Sri S.J. Ahmed has stated in the cross examination that printing of ticket numbers were wrongly printed and they were unserial. Finally, he submits that the Labour Court failed to give sufficient reasons while dismissing the case of the petitioner.

5. Learned counsel for Respondent No. 2 filed Counter while supporting the Order passed by the Labour Court in all aspects. He further submits that at stage No. 9/Penamaluru, a check was exercised by the TTIs on 23.02.1998 at 19.55 hours near Penamaluru X roads and during the check, the checking officials found two passengers were traveling in the bus from Vanukuru to Raghavaiah Park Ex-stages 12 to 3/2 and those two passengers were possessing tickets bearing Nos. 090/132888 to 889 of Rs. 3/- denomination each and 192/783443 to 443 of Rs. 2/- each and that the petitioner collected the requisite fare amount of Rs. 10/- in total from two passengers at Vanukuru itself and that they verified the SR for the account particulars of the said tickets and found that Rs. 2/- denomination tickets were already issued in the earlier trip i.e., 18.10 hours trip at 11th stage as per the SR.

6. He further