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 punishment imposed must be proportionate to the alleged misconduct.

ORDER :

1. Heard Sri V.Narsinha Goud, learned counsel for the petitioner and Sri K.Srinivas Rao, learned Standing Counsel for the respondents’ corporation.

2. The petitioner filed this writ petition to issue an appropriate writ, or direction particularly one in the nature of Writ of Certiorari, to quash the impugned award dated 17.01.2012 passed in I.D.No.32 of 2007, published on 24.02.2012, on the file of Industrial Tribunal-cum-Labour Court, Godavarikhani, Karimnagar District, and in not granting any relief as arbitrary, unjust, illegal and in violation of Article 14, 16 and 21 of the Constitution of India and consequently, direct the respondents’ corporation to reinstate the petitioner into service with continuity of service, attendant benefits and back wages.

3. The case of the petitioner, in brief, is as follows:

a) The petitioner joined the services of the respondents’ corporation as conductor on 15.03.1996 through due process of selection and is regularised w.e.f. 27.08.1997.

b) While the petitioner was conducting bus service on 30.07.2005 from Metpally to Regunta ex-stage 1 to 6, a check was exercised by the checking officials just before Stage No.6 and a memo is issued alleging the following allegations:

“1. For having failed to observe the rule, issue and start.

2. For having collected the bus ticket fare at the boarding place itself and failed to issue ticket to one passenger found alighting without ticket having boarded your bus at Regunta ex-stages 5 to 6 while you were conducting bus No.3031 on 30.07.2005.

3. For having failed to close the SR up to stage No.6 which is marked as XXX.

c) The petitioner explained that when he was in act of issuing ticket to the passenger in question, the checking officials have prevented him from issuing ticket and obtained the check documents as per their wishes under the threat of in subordination. Basing on the charge memo dated 30.07.2005, the petitioner was suspended from service on 08.08.2005 and issued the charge sheet dated 08.08.2005 as follows:

1. For having failed to observe the rule issue and start which constitutes misconduct under Reg.28(xxxi) of APSRTC Employees (Conduct) Reg. 1963.

2. For having collected the bus ticket fare at boarding place itself and failed to issue tickets to one passenger found alighting without ticket having boarded your bus at Satharam and bound for Regunta ex-stages from 5 to 6 while you were conducting the bus No.3031 of 30.07.2005 and for having torned Rs.3/- deno., ticket bearing No.478/646450 from your ticket tray and kept in your mouth and chewed no sooner the checking officials boarded your bus which constitutes misconduct under Reg. (vi)(a) (xxx) r/w 28(x) of APSRTC Employees (Conduct) Regulations, 1963.

3. For having failed to close the S.R., upto stage No.6 which marked as xxxx which constitutes misconduct as per Reg.28(xxxii) of APSRTC Employees (Conduct) Reg. 1963’.

d) The petitioner submitted explanation to the above charges. Without considering the explanation of the petitioner, the respondents ordered enquiry. The said enquiry was not in accordance with principles of natural justice. Basing on the enquiry, the respondent had removed the petitioner from service in an arbitrary manner and the same was confirmed in appeal and revision in mechanical manner.

e) The petitioner filed I.A.No.32 of 2007 before the Industrial Tribunal-cum-Labour Court, Godavarikhani and the same was dismissed on 17.01.2012 holding that the charges framed against the petitioner were proved and the punishment of removal from service is not excessive, arbitrary and against the principles of natural justice, because the petitioner was given every opportunity to defend his innocence. Therefore, the petitioner filed this writ petition.

4. The respondent corporation filed counter affidavit as follows:

a) The petitioner was appointed as daily wage conductor in the respondent corporation on 15.03.1996 and was regularized w.e.f. 01.08.1997. The petitioner was impose