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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
G.Ramulu – Appellant
Versus
APSRTC – Respondent
| Table of Content |
|---|
| 1. challenging disciplinary actions and procedural fairness in inquiries. (Para 1 , 2 , 3) |
| 2. details of the misconduct charges and the defense presented. (Para 4 , 5 , 6 , 7) |
| 3. contention around the fairness of the inquiry and appeal processes. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's observation concerning procedural issues and available remedies. (Para 15 , 16 , 17 , 18) |
| 5. final decision on the entitlement and modification of punishment. (Para 19 , 20 , 21) |
ORDER :
2. Heard Sri V. Narasimha Goud, learned counsel appearing for the petitioner and Sri Shanthi Bhushan, learned Standing Counsel for TGSRTC, appearing for the respondents.
That the petitioner joined in the respondents’ Corporation as a conductor on 02.06.1991. Subsequently, his services were regularized from 31.07.1995. Presently, he is working under the control of the 3rd respondent. While he was conducting the bus service of the 3rd respondent on 23.09.2012, in between Ramsagar and Erragadda, ex-stages (1-38), a check was taken place at Kompally, stage No. 34. A memo was issued to him stating that he did not collect fare from (3) passengers, who found traveling from stage No.1 to 38 and another (5)
The court can modify disciplinary actions when found disproportionate to the proven misconduct.
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Disciplinary actions in employment must be proportional to the proven misconduct, taking into account the employee's track record and overall context.
Disciplinary actions must adhere to principles of natural justice and prescribed regulations; imposing unauthorized punishments is unlawful.
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