Madras High Court
Tamil Nadu State Transport ... vs V.K.Pandi : Petitioner / on 31 July, 2023
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRVARTHY
W.A(MD)NO.1221 OF 2023
and
C.M.P(MD)No.9175 of 2023
Tamil Nadu State Transport Corporation(Madurai) Limited,
represented by its General Manager,
Dindigul Region,
Bye Pass Road,
Dindigul. :Respondent/Appellant
.vs.
V.K.Pandi : Petitioner /Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.10149 of 2018, dated 18.7.2022.
For Appellant :Mr.S.C.Herold Singh
For Respondent :Mr.G.M.Xavier
JUDGMENT
*********
[Judgment of the Court was made by S.S.SUNDAR,J.]
This Writ Appeal is directed against the order of the learned
Single Judge in allowing the Writ Petition in W.P(MD)No.10149 of
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2018, dated 18.7.2022.
2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
On the allegation that there was a loss caused to the appellant
byt way of unused ticket books, proceedings were initiated against
the respondent/Writ Petitioner in this Writ Appeal. By the impugned
order, punishment was impsed on the Writ Petitioner. Punishment of
censure was awarded to the Writ Petitioner, apart from the
direction to pay a sum of Rs.29,368/- towards loss of unused bus
tickets.
3.It is the case of the Writ Petitioner that the unused ticket
books with him was lost due to theft. It is his case that he has
given complaint to the Local Police Station.Relying upon clause 17
of the Settlement in terms of Section 12(3) of the Industrial
Disputes Act, dated 6.2.2008, the Petitioner contended that the
amount towards the value of unused tickets cannot recovered from
the employee.
4.Clause 17 of the 12(3) Settlement relied upon by the Writ
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Petition reads as follows:
@17/gazr;rPl;L bjhiye;J nghFjy; Vw;fdnt
cs;s xg;ge;jj;jpy; fytuk;. tpgj;J. fst[.
bfhs;is. nghd;wit eilbgw;W fhty;
epiyaj;jpy; tHf;F gjpt[ bra;ag;gl;oUe;jhy;
me;j R{H;epiyapy; gazr;rPl;L g[j;jf';fs;
bjhiye;jpUf;Fnknadhy; rk;ge;jg;gl;l
elj;JehplkpUe;J gazr;rPl;L- g[j;jf';fSf;fhd
bjhif gpoj;jk; bra;ag;gl khl;lhJ vd;w
Kot[ bjhlh;e;J eilKiwg;gLj;jg;gLk;/@
From the reading of Clause 17, the Writ Petitioner cannot be held
liable to the cost of the unused tickets which was either stolen or
missing.
5.The learned Single Judge relying upon the judgment of the
Division Bench of this Court in the case of the Management of
Rani Mangammal Transport Corporation .vs. M.Planaisamy,
reported in 2008(1) MLJ 224, held that domestic enquiry in
respect of loss of unused ticket books, is unwarranted. The same
judgment is also followed in several other cases. Following the
judgment of this Court in few judgments, the learned Single Judge
held that as per the terms of settlement arrived at between the
Transport Corporation and its workers, the proposed action of the
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respondent through the impugned order for recovery of the value of
the loss of unused ticket books, cannot be sustained. Therefore the
impugned order, dated 3.4.2018 was quashed by the learned Single
Judge. The learned Single Judge has also observed that even, in
case, if any money is recovered from the respondent, the same
should also be refunded to the responent/Writ Petitioner forthwith.
6.The learned Standing Counsel for the appellant Transport
Corporation raised several objections and would further submit
that the punishment is not only by way of recovery of the value of
the unused ticket books, but also censure. Stating that the
respondent was negligent, the Court ought to have seen that the
punishment of censure is proportionate to the charges levelled as
against the incumbent.
7.The learned counsel further submitted that the alleged
complaint is only on the ground that ticket books are missing and
the complaint alone will not help the respondent that he is not
answerable to the loss of unused tickets.
8.This Court find some substance in the said argument of the
learned counsel for the appellant and the punishment of censure
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cannot also be illegal mainly because recovery of amount towards
loss of unused ticket books is not permissible under the Settlement
that was relied upon by the Writ Petitioner. However, this Court is
unable to find out any substance in the argument that the
complaint of the respondent cannot be treated as one which fall
within Clause 17 of the 12(3) Settlement. This Court knows about
the difficulties faced by the Conductors and the Corporation has not
provided any facility to safeguard the tickets and other valuables in
the bus Therefore, it cannot be generally presumed that missing of
ticket books should be considered serious, as there is a possibility
for the same Conductor to use the same tickets, at the later point of
time and defraud the department. Punishment can be severe when
the person in charge of ticket books is found guilty of serious
charges for using such ticket books, which had been reported
ealier as missing and that will not enable the respondent to
presume that the respondent has caused loss to the Transport
Corporation by loss of ticket books.
9.In such circumstances, this Court finds no merit in the Writ
Appeal. While dismissing the Writ Appeal, this Court modify thd
order of the learned Single Judge to the effect that the punishment
of censure as against the employee shall stand. No costs.
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Consequently, connected Civil Miscellaneous Petition is closed.
[S.S.S.R.,J.] [D.B.C.,J.]
31.07.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
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S.S.SUNDAR, J.
AND
D.BHARATHA CHAKRAVARTHY, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1221 OF 2023
and
C.M.P(MD)No.9175 of 2023
31.07.2023
https://www.mhc.tn.gov.in/judis
