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K. SURESH REDDY
T. Nagaiah – Appellant
Versus
Depot Manager, Apsrtc – Respondent
JUDGMENT
1. Questioning the Award, dated 14.12.2006 passed in I.D.No.290 of 2003 on the file of the Court of Industrial Tribunal- cum-Labour Court, Anantapur, the petitioner filed the present writ petition.
2. Heard both the learned counsel.
3. Facts in nutshell :
The petitioner herein was appointed as Conductor by the respondent-Corporation and he was discharging his duties without any complaint. While so, on 12.09.2002, when he was conducting duty on route Rayachoti - Kotakadapalli, at about 8.00 pm., a check was conducted by the Checking Officials at Stage No.2 and found certain cash and ticket irregularities. Basing on their report, the 1st respondent herein suspended the petitioner from service on 18.09.2002 and issued a charge sheet against the petitioner with the following charge :
CHARGES :
'For having re-issued E.3 of Rs.6-50 denomination tickets (numbers E-2 of Rs.6-50 denomination from 448/992742 to 448/992743 and E.1 of Rs.6-50 denomination No.448/992745 having punching marks from 5 to 1 which were issued to a batch of two passengers and individual passenger who boarded the bus at Rayachoty and bound for Dudyala exstages 1 to 4/5 while you were conducting the service from 19-
If the charge against an employee is not proved, the employee is entitled to reinstatement with continuity of service and other attendant benefits, but not to backwages.
The court emphasized that charges of misconduct must be supported by substantial evidence and that the prescribed procedures must be followed. The court also highlighted the principle that the punish....
Disciplinary actions must consider intent and circumstances surrounding alleged misconduct, ensuring punishment is proportionate to the situation.
The court ruled that the denial of continuity of service to the petitioner, despite reinstatement, was legally unsustainable due to insufficient evidence proving allegations.
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