APHC010719222018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34772/2018 Between: CH. RAMA GOPAL REDDY, S/O RAMA LINGA REDDY, AGED 48 YEARS, OCC- EX-CONDUCTOR, RIO 16/1269, SRINIVASAPURAM, TADIPATRI, ANANTAPUR DISTRICT ...PETITIONER AND 1. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP BY IT'S MANAGING DIRECTOR, NTR ADMINISTRATIVE BLOCK, RTC HOUSE, PN BUS STATION, VIJAYAWADA, KRISHNA DISTRICT 2. THE ANDHRA PRADESH, STATE ROAD TRANSPORT CORPORATION, REP BY IT'S EXECUTIVE DIRECTOR, KADAPA ZONE, KADAPA KADAPA DISTRICT 3. THE ANDHRA PRADESH, STATE ROAD TRANSPORT CORPORATION, REP BY IT'S REGIONAL MANAGER, KURNOOL REGION, KURNOOL, KURNOOL DISTRICT 4. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP BY ITS CHIEF TRAFFIC MANAGER, KURNOOL REGION, KURNOOL, KURNOOL DISTRICT 5. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP BY ITS DEPOT MANAGER, BANAGANAPALLE DEPOT, KURNOOL REGION, KURNOOL DISTRICT 6. THE INDUSTRIAL TRIBUNAL CUM LABOUR COURT, REP BY ITS PRESIDING OFFICER, ANANTAPUR, ANANTAPUR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR LABOUR (AP) 2. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of certiorari, to call for records relating to the Award dt.27.09.2017 passed in I.D.No.114 of 2015 on the file of the Hon’ble Industrial Tribunal cum Labour Court at Anantapur and to quash the same holding that illegal and arbitrary and consequently set aside the same and direct the Respondent Nos. 1 to 5 to reinstate the Petitioner in to service with all consequential benefits.” 2. Heard Sri N.Chandra Sekhar Reddy, learned counsel for the Petitioner and Sri Aravala Ramarao, learned Standing Counsel for APSRTC. 3. Learned counsel for the Petitioner would submit that the Petitioner had been working as a Conductor without any complaints against him. Learned counsel would further submit that the punishment imposed against the Petitioner is disproportionate to the alleged misconduct. Learned counsel would further submit that the entire family of the Petitioner depends on his salary as he is the sole bread winner of his family. 4. Learned Standing Counsel would submit that the Petitioner is habituated to commit ticket irregularities and in that view he was also censured and punished several times previously. Learned Standing Counsel would further submit that he is bereft of clean record. The Award passed by the Tribunal is well-reason and there are no grounds to interfere with the same. Hence, prayed for dismissal of the petition. 5. As seen from the material placed on record, there is no dispute about the appointment of the Petitioner as a Conductor in APSRTC in the year 1989. In view of the cash and ticket irregularities committed by the Petitioner, while 3 he was on duty in Kurnool – Nellore route on 22.07.2013, disciplinary proceedings were initiated against the Petitioner and was removed from the service by the Respondent – APSRTC vide Proceedings dated 22.03.2014. Challenging the same, the Petitioner approached the Labour Court, Anantapuramu by filing I.D.No.114/2015, wherein, an Award dated 27.09.2017 confirming the removal orders of the Disciplinary Authority. Subsequent Appeals and Review preferred by the Petitioner were also rejected confirming the punishment imposed against the Petitioner. Aggrieved thereby, the present writ petition is filed by the Petitioner. 6. It is the contention of the Petitioner that, on 22.07.2013 he was booked for Kurnool to Nellore service. As he was suffering from ill-health, he went to the Depot to hand over his sick certificate seeking leave, however, the same was not accepted by the duty supervisor and the Petitioner was requested to attend duty as there were no spare Conductors by that time. While returning from Kurnool, as he suffered from illness and as the bus was crowded with passengers, he unknowingly gave tickets which were kept with him for LTC purpose and the same were found by the checking official and the disciplinary proceedings were initiated against the Petitioner. 7. As seen from the record, previously, the Petitioner was censured on several occasions, his annual increments were also deferred, he was suspended once and was removed once in his service for committing the cash and ticket irregularities and was also reinstated by the Appellate Authority. However, the Petitioner again committed similar type of irregularity which is 4 the subject matter of this writ petition. It is not the case of the Petitioner that unknowingly he issued one or two tickets, but knowingly issued number of tickets which were already issued in earlier trips and he was also carrying the used tickets. As rightly observed by the learned Tribunal and supported by the Appellate and Review Authorities, the Petitioner is not an innocent person and he is in the habit of collecting tickets from the passengers, circulating the same with a mala fide intention to swallow the revenue of the Respondent – Corporation. Though, several times he was punished for the commission of the irregularities, there is no attitudinal change in the Petitioner in discharging his duties. There is no violation of principles of natural justice in the instant case. As the charges leveled against the Petitioner are grave in nature and were proved by way of documentary evidence, there is no justification to intervene in the order passed by the learned Tribunal, which was confirmed by the Appellate and Review Authorities. There are no merits in the contentions raised by the Petitioner. The writ petition lacks merit and the same is liable to be dismissed. 8. In the result, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:07.07.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.34772 of 2018 Dt.07.07.2025 Dinesh