JUDGMENT :

UJJAL BHUYAN, J.

1. Heard Mr. A. Srinivas Reddy, learned counsel representing Mr. Gaddam Srinivas, learned Standing Counsel for Telangana State Road Transport Corporation for the appellant. None has appeared for respondent No. 1/writ petitioner though name of Ms. S.A.V. Ratnam as counsel for respondent No. 1/writ petitioner is reflected in the cause list.

2. This writ appeal is directed against the order dated 14.11.2018 passed by the learned Single Judge allowing Writ Petition No. 23856 of 2003 filed by respondent No. 1 as the writ petitioner.

3. Respondent No. 1 had filed the related writ petition assailing the legality and validity of the award dated 28.06.2001 passed by the Industrial Tribunal cum Labour Court, Godavarikhani (briefly referred to hereinafter as the ‘Labour Court’) as well as for his reinstatement in service in the establishment of the appellant with continuity of service and full back wages.

4. It may be mentioned that on the charge of misconduct relating to cash and ticket irregularities, respondent No. 1 who was a Conductor in the establishment of the appellant, was imposed the penalty of removal from service by the disciplinary authority which was affirmed by the Labour Court. By the order under appeal, learned Single Judge took the view that punishment of removal from service was very disproportionate and accordingly directed the appellant to reinstate the 1st respondent in service as a fresh Conductor after setting aside the order of removal as well as award of the Labour Court.

5. On appeal this Court passed an order on 23.11.2021 staying the operation of the order of the learned Single Judge dated 14.11.2018, which order has since been continued.

6. At the relevant point of time, 1st respondent was serving as a Conductor in the establishment of the appellant. On 06.08.1997 officials of the appellant carried out a check on the passenger bus, of which 1st respondent was the Conductor. It was found that 1st respondent had collected fares from altogether 13 passengers but had failed to issue tickets to them. Thereafter disciplinary proceedings were initiated against him.

7. Disciplinary authority framed the following charges against the 1st respondent:

“1. “For having collected an amount of Rs.2/- each from four (4) passengers and failed to issue tickets who boarded your bus at Bellampally and alighting at Boyapally ex-stage 9 to 10 which is misconduct in terms of Reg. No. 28(x) of the APSRTC Employees (conduct) Reg. 1963.”

2. “For having collected an amount of Rs.2.50 each from nine(9) passengers (Batches and individuals) and failed to issue tickets who boarded your bus at Bellampally and alighting which is misconduct in terms of Reg. No. 28(x) of the APSRTC Employees(conduct) Reg. 1963.”

3. “For having intentionally not handed-over the SR after completion of your duty along with bud cash at Asifabad Depot with malafied intention which is misconduct in terms of Reg. No. 28(xxxii) of the APSRTC, Employees (conduct) Reg. 1963.”

4. “For having failed to close the ticket tray Nos. of all denomination up to stage No. 10 and marked as XXX without completing the above ticket issues which is misconduct in terms of Reg. No. 28(xxxv) of the APSRTC, Employees (conduct) Reg. 1963.”

8. In this connection show cause notice was issued to 1st respondent on 06.08.1997 under the then Andhra Pradesh State Road Transport Corporation Employees (Conduct) Regulations, 1963 (briefly referred to hereinafter as the ‘1963 Regulations’). It is stated that 1st respondent had submitted explanation. In his explanation, 1st respondent stated that as the bus was getting late, the passengers had pressurised the 1st respondent to start the bus before issuing tickets. Passengers had misrepresented before the checking authority that no tickets were issued to them.

9. It appears that explanation furnished by the 1st respondent was not accepted by the disciplinary authority whereafter an inquiry was ordered. On conclusion of the inquiry, Inquir