IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.26358 OF 2006 DATE: 28.11.2025 Between:

The Regional Manager (HCR), APSRTC, JBS, Secunderabad and another. .. Petitioners AND D. Shankar and another.

.. Respondents HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No. 26358 OF 2006

ORDER:

This writ petition is filed seeking the following relief:-

“…to issue an appropriate Writ, Order or direction particularly one in the nature of a Writ of Certiorari calling for the records relating to the impugned award dated. 08.05.2006 made in I.D.No.45/2004, the Addl. Industrial Labour Court-Cum-Addl. Labour Court, published on 27.06.2006 in G.O. Rt. No.1436 setting aside the Order of removal of the 1^st respondent dated, 20.11.2003 as confirmed through Order dated 24.05.2004, while directing the petitioners herein to reinstate the 1^st respondent into service along with all consequential benefits including the back wages; and quash the same as being bad, illegal, without jurisdiction and invalid and pass…”

2. Heard Sri R. Anurag, Learned Standing Counsel for TGSRTC, appearing for the petitioners, learned Government Pleader for Labour and Sri V. Narsimha Goud, learned counsel for the respondent No.1. Perused the material available on record.

3. The brief facts of the case are as follows: -

(a) The 1st respondent was appointed as a temporary conductor on 29.06.1979 and during his service period, he was imposed with a number of punishments. He was censured on 9 occasions. His increments were deferred for 12 times and he was suspended for 10 times. He was removed from service on 17.10.1985 for having committed serious cash and ticket irregularities and on consideration of appeal, he was reinstated on 28.08.1986. Again, he was removed from service on 30.06.1990 and reinstated into service on 12.08.1993 as per Orders issued by the Labour Court. He was again removed on 17.09.1996 and was reinstated into service on 23.03.2001. He was once again removed from service for having committed serious cash and ticket irregularities in the present case.

(b) On 01.08.2003, while the 1^st respondent was conducting Bus No.AP10-Z-880 on route 16K, checking was conducted at stage No.11/10, Vinayaknagar at about 14-45 Hrs. During the check, a lady passenger along with five chargeable children was found alighting without tickets belonging to one batch. The said batch of passengers has boarded the bus at Neredmet 'X' Roads, stage No. 11. The 1st respondent collected Rs.10/- and did not issue tickets to them. The Checking Officials had confronted the ticketless passengers and their statement was recorded in the presence of the 1st respondent. The 1st respondent attested the passengers’ statement. He had given his spot explanation also.

(c) The Checking Officials had obtained Top Punch Tickets of Rs.2/- denomination and prepared a Charge Memo and Check sheet on the spot and served on the 1^st respondent. Based on the irregularities enumerated in the Charge Memo and explanation offered, the 1st respondent was suspended on

05.08.2003 and was issued with Charge Sheet as follows:

For having failed to, issue tickets to a batch of six (6) passengers (1) lady passenger and 5 chargeable (students) found alighting without tickets at stage No.11/10 (Vinayak Nagar) who boarded your bus at stage No.11 (Neredmet Cross roads) in spite of collecting the concessional fare of Rs.10-00 which constitutes misconduct under Reg.28 (vi-a) and (x) of APSRTC employees (Conduct) Reg. 1963.

(d) All the relevant documents were supplied to the 1^st respondent along with Charge Sheet. The 1^st respondent acknowledged the same and submitted explanation which was found to be unsatisfactory. Hence, a detailed enquiry was ordered duly nominating the Chief Inspector / Enquiries / Sanathnagar Division as an Enquiry Officer. During the enquiry, the statement of Sri V.K.Rao, TTI, Regional Enforcement Squad, Hyderabad City Region, was rec