JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records in K.Ku.No.27590/VTHA/TANA (V)/2014 dated 30.10.2014, on the file of the second respondent and quash the same as illegal, incompetent, unconstitutional and without jurisdiction. )

1. The order of recovery issued to make-up the financial loss to the Transport Corporation in proceedings dated 30.10.2014, is under challenge in the present writ petition.

2. The writ petitioner was appointed as Conductor in the respondents / Transport Corporation. He was allotted work in a Bus No.281/S, Vehicle No. TN32 N 3695 of Tamil Nadu State Transport Corporation (TNSTC). The bus halted at Kallakurchi Bus depot. The petitioner left his bag in the bus and went to time keepers' room to record the arrival of the Bus and also to attend to the call of nature. When he returned back to the bus, he found that the bag was missing and thereafter, he registered a complaint in CSR No.311 of 2014. The case was investigated and a Non-traceable Certificate was issued by the Police.

3. Regarding loss of the ticket, the Transport Corporation assessed the value and accordingly, issued the recovery order to recover the financial loss caused to the Transport Corporation. The said order is under challenge in the present writ petition.

4. The learned counsel for the petitioner mainly contended that as per the 12(3) Settlement, in the event of loss of ticket, the same cannot be recovered from the employee. However, as per Clause 72, where, the Corporation bus is involved in an accident and arising out of the accident, the conductor has been put to such condition that he could not save the unsold tickets, the present practice of collecting of value of the lost books shall be avoided. It is brought to the notice of this Court that Clause 72 incorporated in the 12(3) Settlement of the year 2005 and even as per the Clause, the accident alone is covered for exemption of recovery.

5. The learned counsel for the respondents / Transport Corporation made a submission that as per Clause 12(3) Settlement, which was in force during the relevant point of time, when the petitioner had lost the ticket books, the negligence on the part of the employees was not covered and those employees, who committed an act of negligence, lapses or dereliction of duty are liable to pay the financial loss caused to the Transport Corporation. At the outset, an act of bar including accident or natural calamities or otherwise are exempted from recovery and in respect of negligence, lapses or dereliction of duty, the financial loss is to be recovered from the employee concerned.

6. The said Clause incorporated in the 12(3) Settlement. These Clauses in various 12(3) settlements entered into between the Management and the employees, periodically has got certain relevance. The Management always agreed to exonerate the employees, only, if the tickets are lost during the accident or on certain circumstances, beyond the control of the employees. However, if there is a lapse, negligence or dereliction of duty is identified, then the financial loss is to be recovered. The said agreement seems to be sensible and further, protects the interest of the employees also.

7. In the present case, the petitioner says that he had lost the bag in the depot and he has registered a complaint and a Non-traceable Certificate was issued. Admittedly, he kept the bag inside the bus, which was in the depot and therefore, the authorities formed an opinion that the theft or loss occurred on account of the negligence and lapse on the part of the petitioner, who was on duty during the relevant point of time.

8. Loss of public property or financial loss, if any caused to the 'State', must be recovered from the officials, who all are responsible and accountable. If there is a financial loss to the Transport Corporation on account of negligence, lapses or dereliction of duty, then such employees are