Bombay High Court
Bebi Asha Naimoddin Shaikh vs The State Of Maharashtra Through Its ... on 30 January, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
909-WP-917-2024.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 917 OF 2024
BEBI ASHA NAIMODDIN SHAIKH
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL
SECRETARY AND OTHERS
....
Mr. T. M. Venjane, Advocate for Petitioner
Mr. P. K. Lakhotiya, AGP for Respondent No.1 - State
Mr. M. D. Shinde, Advocate for Respondent Nos. 2 to 4
....
CORAM : RAVINDRA V. GHUGE AND
Y. G. KHOBRAGADE, JJ.
DATE : 30.01.2024
PER COURT :-
1. The Petitioner is before us seeking a Writ of
Mandamus that we should direct the MSRTC to condone her act of
misappropriation as a Bus-Conductor in the light of the circular
No.1/2017 dated 27.01.2017.
2. We have considered the submissions of the learned
Advocate for the Petitioner.
3. The Petitioner joined as a Lady Bus-Conductor on
17.01.2011. On 26.12.2011, when she was on probation, she was
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issued the first show cause notice for misdeeds as a Bus-Conductor.
Thereafter, on 09.05.2013, she was again punished for misdemeanors
with stoppage of an annual increment for three months. On
08.10.2020, she was again punished for a misdemeanors by imposing
a penalty of Rs.100/-. On 16.08.2022, she was punished with
imposition of penalty of Rs.70,800/- in the light of the Circular
No.1/2017 for misdemeanors as a Bus-Conductor.
4. The Petitioner is before us on the basis of her first
misconduct, which led to the issuance of a show-cause notice
followed by a Disciplinary Enquiry and a second show cause notice
dated 12.04.2012, proposing the punishment of dismissal from
service. The Petitioner preferred Complaint ULP No.23/2012. She was
granted interim relief. During her such interim protection, she has
committed further misconducts in 2020 and 2022. The ULP
Complaint was finally dismissed by judgment dated 25.01.2023. Her
Revision ULP before the Industrial Court was dismissed by judgment
dated 20.03.2023 and presently she is under the protection of the
interim order of the learned Single Judge dated 03.04.2023 passed in
Writ Petition No.3815 of 2023.
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5. The learned Advocate for the Petitioner submits that there
are hundreds of such delinquent Conductors who are taking
advantage of Circular No.1/2017, day-in and day-out. In some cases,
such Conductors are benefited by the said circular for more than 10
times/occasions.
6. We have perused the Circular No.1/2017, which is in the
form of an amnesty being granted to those Bus-Conductors who
indulged in misdemeanors. Various misdemeanors are covered in
different categories and punishments are imposed upon such errant
Bus-Conductors. The Petitioner herself has been earlier penalized
with Rs.70,800/- under the said circular. Taking into account the fact
that the circular does not impose a limit of pardoning of an employee
either once or twice or thrice, errant Bus-Conductors are rampantly
indulging in misdemeanors and after they are apprehended by the
flying squad, they pray for amnesty under such circular.
7. Prima-facie, we feel that the circular has been misused by
several employees of the MSRTC to deprive the MSRTC of the
revenue by allowing passengers to travel ticket-less, re-issuing used
tickets or issuing tickets of lesser denominations and the like.
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Moreover, such Bus-Conductors who indulge in such
misappropriation, for which the MSRTC should be having zero
tolerance level, we find that the Bus-Conductors are blatantly taking
advantage of the said circular. We appreciate if the theory of
deterrence is made applicable by the said circular and Bus-Conductors
are pardoned either once or twice. Limitless pardoning cannot be
countenanced and is unconscionable.
8. Therefore, issue notice to the Respondents, returnable on
04.03.2024. The learned AGP waives service of notice on behalf of
Respondent No.1. Mr. Shinde, the learned Advocate waives service of
notice on behalf of Respondent Nos. 2 to 4.
9. We are also issuing show cause notice to the MSRTC and
the State of Maharashtra, as to why this circular should not be
quashed or should be limited for pardoning an errant Bus-Conductor
with penalization on one or two occasions. The MSRTC shall file it's
affidavit-in-reply at least 10 days prior to the returnable date and
shall produce data before us with regard to the number of employees
of the MSRTC who have been given advantage of the said circular,
since its introduction on 27.01.2017. All details about employees
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having been given the benefit on any number of occasions, should be
placed before the Court.
10. Since an important issue is being taken up in this Petition,
we are requesting the learned Senior Advocate Shri Sanjeev
Deshpande, to assist the Court as Amicus-Curiae. Shri Deshpande
graciously agrees to assist the Court. The learned Advocate for the
Petitioner Shri Venjane and the learned Advocate for the MSRTC Shri
Shinde, shall supply copies of the Petition and affidavits-in-reply and
all data, to the learned Amicus-Curiae.
11. All office objections to be removed on or before
23.02.2024.
12. By consent, the Petition would be listed in the 'urgent
orders' category on 04.03.2024.
[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ]
SMS
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