THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.951 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
28.09.2018 passed by the learned Single Judge in W.P.No.14144 of
2009.
The undisputed facts of the case reveal that the
appellant/writ petitioner was a Conductor appointed on
26.05.1990 and while discharging duties on 21.10.2006, a
surprise check took place and it was revealed that he was involved
in cash and ticket irregularities. A charge sheet was also issued
and after conducting a detailed and exhaustive departmental
enquiry, punishment of removal from service was inflicted upon
him on 06.03.2007. The appellant/writ petitioner preferred
I.D.No.69 of 2007 before the Labour Court and the Labour court
has passed an award dated 17.10.2008 dismissing the petition
preferred by him. Thereafter, the appellant/writ petitioner has
approached this court and the learned Single Judge, even though
there were cash and ticket irregularities committed by the
appellant/writ petitioner, has interfered with the quantum of
punishment.
Paragraphs 6 and 7 of the order passed by the learned single
Judge read as under:-
"6. This Court having considered the submissions made by the
parties and the nature of the charges levelled against the
petitioner, is of the considered view that the punishment of removal
imposed by the respondent-Corporation is very disproportionate
and the Labour Court ought to have examined the case of the 2 petitioner and interfered with the punishment of removal by applying the proportionality theory and at least, the Labour Court ought to have directed the respondent-Corporation to reinstate the petitioner into service as fresh conductor. Since the punishment of removal is shockingly disproportionate, this Court feels that ends of justice would be met if the respondent-Corporation is directed to reinstate the petitioner into service as fresh conductor.
7. Accordingly, the Writ Petition is disposed of directing the respondent-Corporation to reinstate the petitioner into service as fresh conductor, subject to medical fitness, without continuity of service, without back wages and other attendant benefits. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. "
In the considered opinion of this court, as the appellant/writ petitioner was involved in cash and ticket irregularities (misappropriation of Government funds), the learned Single Judge was justified in directing his reinstatement as a fresh conductor.
Leniency has already been shown to him to a great extent and he wants further leniency. The appellant/writ petitioner has not been able to point out any procedural irregularity in the departmental enquiry nor in the award passed by the Labour Court and therefore, this court does not find any reason to interfere with the order passed by the learned Single Judge.
The Writ Appeal is dismissed.
Pending miscellaneous applications, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 30.11.2021 JSU