Misconduct under APSRTC Rules - Several sources highlight that misconduct includes violations such as issuing incorrect tickets, unauthorized absences, not following proper fare collection procedures, and misconduct related to misuse of leave or travel benefits. These acts are classified under Regulation 28 (xxxii) and other clauses of the APSRTC Employees (Conduct) Regulations, 1963 M. A. Abood VS Presiding Officer, Labour Court, Warangal - Andhra Pradesh, Gunji Dhanamma vs Andhra Pradesh State Road Transport Corporation (APSRTC) - Andhra Pradesh, G.Ramulu vs APSRTC - Telangana, S. SAMSON VS A. P. State Road Transport Corporation - Andhra Pradesh.
Disciplinary Actions and Penalties - Disciplinary measures range from removal, suspension, pay reduction, to dismissal. The courts have emphasized that the severity of punishment should be proportionate to the misconduct. Dismissal is deemed appropriate for serious misconduct, while minor misconduct may warrant lesser penalties like suspension or reprimand Shaik Mahamoob Basha VS APSRTC, Hyderabad - Andhra Pradesh, MANAGING DIRECTOR VS SHIVAYANANAMATH - Karnataka.
Legal and Judicial Perspectives - Courts have examined whether the misconduct was properly established and whether the punishment was justified and proportionate. For instance, dismissals have been set aside where punishment was disproportionate or procedures were not properly followed. Articles of the Constitution (Articles 14, 16, 21) are invoked to ensure fairness and non-arbitrariness in disciplinary actions Managing Director, APSRTC VS B. Narasimhulu - Andhra Pradesh, G. V. M. Reddy VS A. P. State Road Transport Corporation, Tirupathi - Andhra Pradesh, A Rajw s/o AmbatI Rajarao vs Andhra Pradesh State Road Transport Corporation (APSRTC) - Andhra Pradesh.
Procedural Fairness - Proper investigation, opportunity to lead evidence, and adherence to rules are crucial. Allegations of minor misconduct should not lead to immediate suspension without proper procedures. The courts have stressed the importance of following due process before imposing disciplinary penalties A Rajw s/o AmbatI Rajarao vs Andhra Pradesh State Road Transport Corporation (APSRTC) - Andhra Pradesh.
Impact of Misconduct - Acts such as unauthorized absences, misuse of travel entitlements, or misconduct during fare collection can lead to serious consequences including removal from service, especially if proven to cause financial loss or damage to the organization’s reputation Shaik Mahamoob Basha VS APSRTC, Hyderabad - Andhra Pradesh, M. Radha Krishna VS State of A. P. - Andhra Pradesh.
Analysis and Conclusion:
APSRTC's Service Rules define misconduct broadly, covering violations like fare evasion, unauthorized absence, misuse of leave, and other improper conduct. Disciplinary actions are taken based on the gravity of the misconduct, with courts emphasizing fairness, proportionality, and adherence to procedural safeguards. While serious misconduct can justify dismissal, minor violations require careful handling to avoid unjust punishment. Proper investigation and compliance with constitutional principles are essential to uphold employee rights and organizational discipline.
The disciplinary authority removed the petitioner from service. ... permitting the respondent-management to lead evidence in support of its order of removal passed against the petitioner from its service ... This constitutes misconduct 28 (viii) of APSRTC Employees (Conduct) Rules, 1963. 3. ... This constitutes your misconduct under Regulation 28 (XXX) of APSRTC Employees (Conduct) Regulations. 5. ... This constitutes your misconduct under Regulation....
being in mind his conduct and past service put in by the workman, and ordered his reinstatement in service as a fresh conductor, ... Constitution of India, 1950 – Article 226 – Back wages – continuity of service – Writ Appeal is preferred ... without continuity of service and back wages; whereas, Writ Appeal is preferred by workman being aggrieved to extent of not grating ... Having regard to these facts and circumstances of the case, the disciplinary authority as well as the Labour Court held that the workman committed ....
(A) Constitution of India - Articles 14, 16, and 21 - APSRTC Employees (Conduct) Regulations, 1963 - Writ Petition filed seeking ... in the service regulations and the proportionality of the punishment. ... for failing to issue correct tickets and was subsequently removed from service. ... On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, the alleged misconduct attributed against the petitioner is not a codified misconduct under any o....
in order to either resale them to unauthorised persons for LTC purpose illegally as you admitted in the spot statement or to reissue them in the next duties and to pocket the huge amounts illegally due to which severe loss/damage the reputation of the Corporation which constitutes misconduct ... or in another class, or to a lower stage in a time-scale; (viii) removal from the service of the Corporation which does not disqualify from future employment; (k) dismissal from the service of the Corporation which ordinarily disqualifies from fut....
This writ petition challenges a punishment of pay reduction in relation to alleged misconduct concerning fare collection. ... "For having violated the rule 'Issue and Start' which constitutes misconduct under Reg. 28(xxxii) of APSRTC, Employees (Conduct) Reg. 1963". 2. ... under Reg. 28(vi)(a) of APSRTC Employees (Conduct) Regulations, 1963". ... "For having not closed TIM all denominations upto stage no.34 without completing the above issue of tickets closed the TIM up to stage no.32 only, which constitutes mi....
APSRTC at the time of the alleged misconduct. 3. ... reinstatement into service. ... The court held that the punishment of dismissal was disproportionate to the misconduct alleged, as the petitioner's misconduct involved ... "charge No. 3 :"for having violated the rule issue and start , while you were conducting the bus on route Kandada to Tirupathi on December 21, 1988, which is a misconduct under Reg. 28 (xxxii) of APSRTC Employees Conduct Reg. 1963. ... "charge No....
It is well settled that in the case of serious misconduct, dismissal of a workman from service is the only appropriate punishment ... service is the only appropriate punishment. ... Whether dismissal justified ... Misconduct - Misconduct - legality of ... is a serious misconduct It is well settled that in the case of serious misconduct, dismissal of a workman from service is the only appropriate punishment If need be, reference can be had to the deci....
(A) Constitution of India - Articles 14 and 16 - Writ of Mandamus - Suspension of employee by APSRTC on allegations of misconduct ... laid out by APSRTC. ... ... ... Ratio Decidendi: The court ruled that allegations of minor misconduct should not lead to immediate suspension without following ... He would submit that if the allegation of misconduct . . relates to an amount of more than Rs.50/- and less than Rs.200/- in mo fuss" route, the punishment proposed for sLICh misconduct duri....
for alleged misconduct under clauses (viii), (xv), and (xxxi) of Regulation 28 of the APSRTC Employees (Conduct) Regulations, 1963 ... 28 of the APSRTC Employees (Conduct) Regulations, 1963. ... with consequential benefits of back wages and continuation of service without break. ... In certain cases even if an immoral act committed by an employee has no direct relation with the employment yet it would amount to misconduct because it is so stated under service rules. .....
on duty - Order of repatriation/transfer - constituted misconduct - Allegation of not reporting for duty at transferred place without ... While working as Mechanic in 5th respondent/Depot Manager, APSRTC District, A.P., he was orally directed to go and report depot on ... Constitution of India,1950 - Punishment of Removal from service besides treating the absent period as not ... (supra), upon which learned standing counsel for APSRTC has placed reliance, there was proved misconduct of unauthorized abse....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.