I. S. N. Murthy v. A. P. S. R. T. C. , Visakhapatnam
2000-02-18
Y.V.NARAYANA
body2000
DigiLaw.ai
Y. V. NARAYANA, J. ( 1 ) THE petitioner is a Conductor working in a. P. S. R. T. C. from 1977. The present writ petition has been filed by him assailing the orders of the 2nd respondent dated 21-7-1999 imposing capital punishment of his removal from service vide proceedings no. 02/62 (34)/99-NRPM which was confirmed on appeal by the 1st respondent in proceedings dated 19-11-1999. ( 2 ) THE charge against the petitioner is that while the petitioner was conducting the bus on route from Narsipatnam to Kotturu via Jilledipudi, he has collected an amount of Rs. 5-00 from two passengers but failed to issue tickets. However, it appears, on seeing the checking officials, tickets were punched at stage No. 3 and failed to punch the tickets at the alighting stage. In view of the charge of misappropriation of Rs. 5-00, the authorities, after following the due procedure, has removed the petitioner from service by order dated 21-7-1999. The petitioner preferred a statutory appeal before the 1st respondent-appellate authority and the 1st respondent-appellate authority by his order dated 19-11-1999 has dismissed the appeal confirming the orders of punishment of removal from service. Aggrieved by the impugned proceedings the present writ petition has been filed by the petitioner. ( 3 ) SRI S. M. Subhan, the learned Counsel for the petitioner has contended that there is no nexus between the gravamen of the charge and punishment imposed. It is his further contention that the petitioner did in fact issue the tickets but they were wrongly punched. It is the case of the Corporation as seen from their counter that the petitioner has been guilty of such charges on several occasions. But insofar as the case on hand is concerned, the petitioner, to say the least, is guilty of wrong punching of tickets. The charge of misappropriation as such is not patent at all. Taking into consideration the facts and circumstances of the case, I set aside the impugned proceedings passed by the 2nd respondent as well as the 1st respondent and remit the matter back to the 1st respondent-appellate authority for reconsidering the case of the petitioner for levying lesser punishment. The 1st respondent shall pass orders within two weeks from the date of receipt of a copy of this order. ( 4 ) THE writ petition is accordingly disposed of. There will be.