- (1.) Leave granted. The Department Manager A.P.S.R.T.C. is the appellant in this appeal. The respondent joined as cleaner in the APSRTC (in short 'the Corporation') on 02.10.1976. While working as mechanic, he was involved in a serious case of theft. On 23/24.08.1986, while working in the night shift, he committed a theft of Fuel Injection Pump. This apart, he was also involved in stealing an alternator bearing while working in the night shift on 11.09.1986. He also unauthorisedly entered into the tyre section of the depot and stole a new tube of 900 x 20 size on 23/24.09.1986. A sponge sheet was also stolen from the garage of Gajuwaka Depot, where he was working. A charge-sheet was issued to the respondent framing four charges. The charges are as under: 1. For having stolen the Corporation property of fuel injection pump bearing No. AVD 2305 which was fitted to the engine No. 170207 during the night shift on 23/24.08.86 in the garage which constitutes misconduct under Reg. No. 28(x) of APSRTC Employees conduct, Reg.1963. 2. For having stolen the Corporation property of an alternator bearing No. 3440 during the night shift of 11.09.86 when it was fitted to the parked vehicle in the garage which constitutes misconduct under Reg. No. 28(x) of APSRTC Employees Conduct, Regulations, 1963. 3. For having unauthorisedly entered into the tyres section and stolen the new tube of 900 x 20 size on 23/24.09.86 which constitutes misconduct under Reg. No. 28(x) of APSRTC Employees Conduct, Regulations, 1963. 4. For having stolen the sponge sheets SR from the garage of Gajuwaka depot which constitutes misconduct under Reg. No. 28(x) of APSRTC Employees Conduct, Regulations, 1963.
(2.) An Enquiry Officer was appointed to enquire into the charges and submit a report. In the domestic enquiry conducted on the charges levelled against the respondent, full and fair opportunity was given to him to defend himself. The Enquiry Officer, on completion of the domestic enquiry, had submitted a report holding the respondent guilty of all the charges that were levelled against him.
(3.) A criminal case was also initiated against the respondent in C.C. No. 751/1987. The Criminal Court by its judgment and order dated 16.05.1987 acquitted the respondent of the charges that were levelled against him. Basing on the Enquiry Officer's report, the Depot Manager, on independently examining the matter, came to a conclusion that orders of removal would be an appropriate punishment for the proved charges of theft. Accordingly, the Depot Manager issued proceedings for removing the respondent from the services of the Corporation. Aggrieved by the order of his removal, the respondent raised an Industrial Dispute. In I.D. No. 139/1992, the Labour Court came to the conclusion that the charges holding that the respondent was involved in a case of theft of the property belonging to the Corporation were correctly proved and the punishment of removal was justified under the factual circumstances of the case. Aggrieved by the award of the Labour Court, the respondent preferred a writ petition before the High Court of Andhra Pradesh at Hyderabad.;