V.Padmachary vs. The Chairman -Cum-Presiding Officer
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Order Issued After Hearing
Purpose:
Final Hearing
Before:
Hon'ble Harinath.N
Listed On:
31 Jul 2024
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
MONDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 11938/2004
Between:
V.padmachary ...PETITIONER
[3457]
AND
The Chairman-Cum-presiding Officer and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.M V PRATAP REDDY
Counsel for the Respondent(S):
1.GP FOR LABOUR
2.P VINAYAKA SWAMY
The Court made the following:
ORDER:
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-Corporation.
-
The petitioner while working as a conductor was involved in the cashticket irregularity and an enquiry was conducted. The disciplinary authority imposed the punishment for removal from services. The petitioner filed the appeal and review before the competent authorities in vein. The petitioner therefore filed I.D.No.159 of 2000 and the Labour Court has passed an award setting aside the order of removal. The respondent-Corporation was directed to reinstate the petitioner as a fresh conductor and also reduced the pay of petitioner with three annual increments with cumulative effect.
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As seen from the findings of the Tribunal, the petitioner failed in his duty to issue tickets and after collecting the fare as such the Tribunal found that the charges leveled against the petitioner were established. However, the Tribunal has found that the punishment of termination is disproportionate when compared to the gravity of the offence. The petitioner was aged about 46 years when he filed the Writ Petition and petitioner has attained the age of superannuation by now. He further submits that if the Court considers modifying the punishment withholding of the three annual increments with cumulative effect, to that of withholding of three annual increments without cumulative effect the petitioner would be entitled for certain monetary benefits. The issue relates to non-issuance of tickets after collecting Rs.7.50 ps/- from three passengers.
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As seen from the pleadings, the passengers in question were said to be in drunken condition. However, there is no finding of the Tribunal on that aspect. That apart the enquiry officer also seems to have not considered the same before imposing the punishment of removal from the services.
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Considering these aspects, this Court is inclined to modify the punishment to the extent of reduction of pay of the petitioner to three annual increments without cumulative effect.
2
- With these observations, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_______________ HARINATH.N,J
MH 12.08.2024 THE HONOURABLE SRI JUSTICE HARINATH.N
178
WRIT PETITION NO: 11938/2004
MH 12.08.2024