A writ appeal filed by a temporary APSRTC conductor aggrieved by his removal from service. The High Court dismissed the appeal, noting the appellant had attained superannuation, making reinstatement moot, and affirming the domestic enquiry's findings.
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
AND
THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
Writ Appeal No.933 of 2006
JUDGMENT: (Per the Hon’ble Sri Justice L.Narasimha Reddy)
The appellant herein was working as a Conductor on temporary basis in the Godavarikhani Depot of APSRTC. On 18.09.1998, he was conducting a service, and a check was affected thereon. Alleging that the appellant collected fare of Rs.2.50, each, from four lady passengers, but did not issue tickets; a charge sheet was issued to him. The explanation submitted by him was found not satisfactory. The departmental enquiry was conducted and the charges were held proved. Taking the same into account, the 4th respondent passed an order, dated 04.02.1999, removing the appellant from service. Aggrieved by that, the appellant filed I.D.No.137 of 2000 before the Labour Court, Godavarikhani. A ‘Nil’ award was passed by the Labour Court on 02.08.2001. Challenging the same, the appellant filed W.P.No.25722 of 2002. The learned Single Judge dismissed the writ petition, through order, dated 14.03.2006. Hence, this writ appeal.
Heard learned counsel for the appellant and learned counsel for the respondents.
At the outset, it needs to be observed that the appellant has since attained the age of superannuation and the question of directing his reinstatement, does not arise. Secondly, he was only a temporary Conductor, by the time the punishment was imposed.
On merits also, the charge against the appellant is that he collected Rs.10/-, from four passengers, but did not issue tickets, and the same was held proved. The appellant was not able to demonstrate as to how the findings recorded in the domestic enquiry, are wrong. The learned Single Judge took note of the same and dismissed the writ petition. We do not find any basis to interfere with the order under appeal.
The writ appeal is accordingly dismissed. There shall be no order as to costs.
The miscellaneous petitions filed in this appeal shall also stand disposed of.
____________________ L.NARASIMHA REDDY, J.
_____________________ CHALLA KODANDA RAM, J.
Date:04.12.2014
GJ
2 issues framed by the court
Whether the High Court can interfere with the Labour Court's 'Nil' award in a termination dispute where the employee has superseded.
Whether the findings of lack of ticket issuance in a domestic enquiry are correct and binding.
The Appellant (Temporary Conductor)
The 4th Respondent
L.NARASIMHA REDDY
CHALLA KODANDA RAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
