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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Namavarapu Rajeshwar Rao
L. Tirupathi Reddy, Medak dist. – Appellant
Versus
Depot Manager, Apsrtc – Respondent
ORDER :
Namavarapu Rajeshwar Rao, J.
This writ petition is filed aggrieved by the order dated 20.06.2007 passed by the 2nd respondent, who confirmed the order dated 02.09.2005 passed by the 1st respondent.
2. Heard Sri A. Thirupathi Reddy, learned counsel for the petitioner and Sri U. Shanthi Bhushan Rao, learned standing counsel for TGSRTC.
3. The brief facts of the case are as follows :-
(a) The petitioner was working as a Conductor and was attached to the depot of the 1st respondent. On 15-3-2005, while the petitioner was proceeding as a Conductor on bus bearing No.5660 on route Siddipet to Vemulawada, a check was exercised by the checking officials at Stage No.9/10 at 11.15 a.m, and issued a charge memo to the petitioner framing two charges. The petitioner submitted an explanation to the said charge memo. Not satisfied with the expiation submitted by the petitioner, Respondent No.1 issued suspension order and on the same day, issued charge-sheet dated 22.03.2005 framing the following three (3) charges.
“CHARGE No.1:
“For having failed to observe the rule “Issue and start” on 15-3-2005 while you were conducting bus NO.5660 on the route Vemulawada at stage No.9/10 which constitutes to m
Disciplinary punishments require adherence to due process, including the issuance of a show-cause notice; failure compromises the validity of the punishment.
Disciplinary actions in employment must be proportional to the proven misconduct, taking into account the employee's track record and overall context.
The court upheld the dismissal of an employee for failure to issue tickets and misappropriation, affirming the Labour Court's adherence to the due process of law and recognizing limited grounds for j....
The court can modify disciplinary actions when found disproportionate to the proven misconduct.
Disciplinary actions must be clearly justified and charges appropriately framed; reliance on benefit of doubt requires correct application in penalties.
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