THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.A.No. 435 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. G.Srinivas, learned counsel for the appellant-
Telangana State Road Transport Corporation and Ms. B.Sapna
Reddy, learned counsel for the respondent.
2. This appeal is directed against the order dated 17.12.2018 passed by the learned Single Judge disposing of WP.No.15172 of 2002 filed by the respondent as the writ petitioner.
3. Respondent as the writ petitioner had filed the related writ petition questioning the award dated 28.08.2000 passed by the Industrial Tribunal -cum- Labour Court, Godavarikhani (briefly 'the Labour Court' hereinafter) affirming the penalty imposed on the respondent i.e., withholding of two annual increments with cumulative effect besides treating the suspension period as not on duty.
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4. We may mention that petitioner was appointed as a driver in the establishment of the appellants in the year 1971. On 14.04.1995, prohibition and excise officials checked the bus which was being driven by the respondent. The bus was proceeding to Karimnagar from Mumbai. In the course of surprise check, it was found that the bus was carrying six bottles of liquor in contravention of the prohibition policy which was then prevalent in the State of Andhra Pradesh. Following disciplinary proceedings, penalty of removal from service was imposed on the respondent on 31.07.1995.
5. Respondent preferred appeal before the appellate authority under the then Andhra Pradesh State Road Transport Corporation Employees (Classification, Control and Appeal) Regulations, 1967 (briefly 'the Regulations' hereinafter). In appeal, the appellate authority modified the penalty by substituting removal from service with the penalty of withholding of two annual increments with cumulative effect. On such penalty, respondent was directed to be reinstated in service. As against this, respondent filed a petition ::3::
under Section 2-A(2) of the Industrial Disputes Act, 1947 i.e., I.D.No.173 of 1997 before the Labour Court.
6. In the meanwhile, respondent was arrested in connection with the aforesaid incident and thereafter prosecuted in C.C.No.1038 of 1996 on the file of Special Judicial First Class Magistrate (Excise), Karimnagar. Subsequently, he was acquitted of the charge vide the judgment and order dated 23.01.1998.
7. Labour Court vide the award dated 28.08.2000 declined to interfere with the modified penalty imposed on the respondent.
8. It was thereafter that the related writ petition came to be filed. Learned Single Judge took the view that Labour Court failed to consider the provisions of the Regulations and that it would meet the ends of justice if the penalty was modified to one without cumulative effect. Accordingly, the order was passed on 17.12.2018.
9. From the materials on record, we find that the liquor bottles were seized from the bus bearing registration No.AP9Z 6262 which ::4::
was being driven by the respondent. There are discrepancies in the evidence on record as to the seizure of liquor bottles. While Exhibit M.12- explanation to the chargesheet reveals that liquor bottles were seized from the driver's seat, Ex.M.16- statement of the conductor reveals that the liquor bottles were found after two seats behind the seat of the conductor.
10. Be that as it may, we are of the view that even the modified penalty imposed by the appellate authority appears to be harsh and disproportionate to the gravity of the alleged misconduct. That apart, to treat the period of suspension as not on duty would amount to break in service of the respondent and the same has been rightly interfered with by the learned Single Judge. Therefore, the order of the learned Singe Judge modifying the punishment of deferment of two annual increments 'with cumulative effect' to that of 'without cumulative effect but without any monetary benefit' is just, proper and adequate. We see no reason to interfere with the same.
11. Writ Appeal is accordingly dismissed. No costs.
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As a sequel, miscellaneous petitions, pending if any, stand dismissed.
__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 10.11.2022 LUR