N C S RAJ Vs. CHAIRMAN INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT WARANGAL
LAWS(APH)-1992-1-18
HIGH COURT OF ANDHRA PRADESH
Decided on January 01,1992

N.C.S.RAJ Appellant
VERSUS
CHAIRMAN, INDUSTRIAL TRIBUNAL CUM LABOUR COURT, AT WARANGAL Respondents


Referred Judgements :-

SRI BHARATI MILLS AND OTHERS VS. SRI N.S. MOHAN [REFERRED TO]
SANGRAN SINGH VS. ELECTION TRIBUNI KOTAH [REFERRED TO]
GADDE VENKATESWARA RAO VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
STATE OF UTTAR PRADESH VS. DISTRICT JUDGE UNNAO [REFERRED TO]


JUDGEMENT

- (1.)This writ petition is directed for the issue of certiorari to quash the proceedings pertaining to I.D. no.299 of 1987 of the first respondent.
(2.)The petitioner has been working as a driver in the services of Andhra Pradesh State Road Transport Corporation (herein after referred to as 'the Corporation'). On 15-5-1985 the petitioner was conducting the bus bearing No.AAZ 5682 plying between Godavarikhani and Hyderabad via Karimnagar. Between stages 11 and 13 the bus was checked and wherein it was revealed that out of 75 passengers in the bus, 25 were not having tickets. Out of them 24 are adults and one is a chargeable child. The said 25 passengers without tickets belong to a marriage party. On examination one B. Ramanna of Pallampalli village of Karimnagar district informed the checking authorities that he paid Rs.208-50p. towards the fare of 25 passengers. He has further stated that they got into the bus at Ramagudem which is stage 5 and they were proceeding to Karimnagar. which is stage 13. His statement was recorded by one Rajayya, Veterinary officer of Godavarikhani since the petitioner conductor declined to write the said statement. In view of that the following charge were framed against the petitioner:
"1. For having violated the rule issue, close and start.

2. For having failed to collect the fare and issue tickets to a batch of 24 adult passengers and a chargeable child, who boarded the bus at Ramagundam and found for Karimnagar ex-stages 5 to 13.

3. For having failed to close the ticket tray nos. of all denominations from stage No.11 to 13 i.e., from Sultanabad to Karimanagar.

4. For having instigated the ticketless passengers to give their statement as if they are coming from Sultanabad to Karimnagar instead of Ramagundam.

5. For having refused to receive charge memo, given spot explanation and attest other documents of the case when asked to do so by the checking official, resulting which the same was got attested by the service driver. The enquiry officer held all the charges as proved and after exhausting all the departmental forums, the petitioner approached the first respondent having filed I.D.No.299/87. The Industrial Tribunal having enquired into the matter held that the Corporation authorities were justified in passing the orders of removing the petitioner from service. Aggrieved by the same the petitioner approached this court.

(3.)It is a case where 25 persons - 24 adults and one chargeable child were travelling from Ramagudem stage No.5 to Karimnagar Stage No.13, they were not issued any tickets and Ramanna, a person representing this marriage party, informed that Rs.208-50 p. was collected from the marriage party towards freight charges and no tickets, were issued to them. The said statement of Ramanna was recorded by a Veterinary officer of Godavarikhani who was travelling in the bus and in view of the circumstances the enquiry officer rightly held that the charges were proved. It is to be noted that at the time of checking S.R. was closed. Basing on the said material the first respondent also agreed with the domestic enquiry. The petitioner has no grievance against the domestic enquiry.
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