THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.4801 of 2006

ORDER:

This writ petition is filed aggrieved by the order dated 20.10.2005 passed by the Industrial Tribunal-cum- Labour Court, Godavarikhani, Karimnagar District (for short “the Labour Court”) in I.D.No.67 of 2004.

2. Heard Sri Ch.Jagannatha Rao, learned counsel appearing for the petitioner and Sri N.Chandrasekhar, learned Standing Counsel for TGSRTC.

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

(a) The petitioner was appointed as a Conductor in the 1st respondent’s office on 27.02.1984 and his services were utilized in various categories from 1987 to 1990 and was later posted as System Supervisor in the Computer Section in the year 1990 and since then he has been discharging his duties regularly.

(b) While so, on 13.04.2002, the petitioner fell sick and joined duty on 16.04.2002 duly submitting a Medical Certificate. On the allegations made by the checking officials of the Regional Enforcement Squad, Karimnagar, against the conductor one Sri B.B.Rao of Karimnagar Depot, who is said to have possessed a ticket block No.036/582800 of Rs.60/- belonging to Karimnagar-II Depot, the respondent lodged a complaint before the Police Station, I-Town, Karimnagar, alleging theft of three ticket blocks worth Rs.18,000/-. Based on the said complaint, C.C.No.194 of 2002 was registered against the petitioner and he was placed under suspension and issued charge-sheet dated 18.04.2002 framing the four charges.

Charge No. 1:

For having committed into Theft of Ticket Blocks bearing Nos. of Rs.60/- 036/582700, 036/582800 and 016/582900 E. Pertaining to Karimnagar-II Depot with an intention to defraud the revenues of the Corporation, while working as a System Supervisor, in KRMR II-Depot, which constitutes misconduct in terms of Reg 28(x) of A.P.SR.T.C.

(CC & A) Reg. 1967.

Charge No.2:

For having generated the Way Bill and having sold-out the Ticket Block in connivance with the conductor, Sri B.B. Rao E 102368, of KRMR-ONE Depot in the Computer of Karimnagar-II Depot, and fed Ticket Blocks bearing No. as were mentioned in Charge No.1, worth of Rs.60/- with an intention to misappropriate the legitimate Revenue of the Corporation which constitutes serious misconduct in terms of Reg. 28(iii) of A.P.S.R.T.C. Conduct Reg. 1963 read with Reg.9 under Note (2) (ii & iv) of A.P.S.R.T.C. Employees (CC & A) Reg. 1967.

Charge No.3:

For having issued the generated Way Bill bearing No.0311/05102938, dt: 8-4-2002, from Computer of Karimnagar-II Dept., duly fed the Ticket Block No.036/582800 worth of Rs.60/- in connivance with Sri B.B. Rao, E 102368 Conductor/KARIMNAGAR-ONE Depot, while he was performing Borewell to Karimnagar on 12.4.2002, and the same was detected by R.E.S/KRMR on 12.4.2002, with fraudulent Moto which constitutes misconduct in terms of Reg.28 (iii) of A.P.S.R.T.C. Employees' Conduct Reg. 1963, read with Regd. 9 Under Note (2) (xi) of A.P.S.R.T.C. Employees C.C. & A Reg. 1967.

Charge No.4:

“ For having absconded from your duties, w.e.f. 13.4.2002 since the incident took place and produced Medical certificate on 16.4.2002, to coverup your absence which constitutes misconduct in terms of Reg. 28 of (xxvii) of A.P.S.R.T.C. Employees’ (conduct) Reg. 1963.

(c) The petitioner submitted explanation to the said charge-sheet. The disciplinary authority, without considering the explanation submitted by the petitioner, ordered a detailed enquiry. The Enquiry Officer, conducted an ex-parte enquiry and submitting the findings holding that the charges levelled against the petitioner are proved. Thereafter, the respondents have issued a show-cause notice to the petitioner on 20.12.2002. The petitioner has submitted an explanation to the said show-cause notice. The petitioner was acquitted in C.C.No.194 of 2002 by judgment, dated 30.07.2003 passed by the Judicial Magistrate of First Class, Special Mobile Court, Karimnagar. Subsequently, the respondents have passed the proceedings dated 10.01.