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BEFORE THE PRESIDING OFFICER: LABOUR COURT,GUNTUR
present: Sri Syed Ghouse Basha, B.Com.B.L., This the 12th day of June, 2012 I.D.4/2007
Between:
The Depot Secretary, APSRTC, National Mazdoor Union, Mangalagiri depot, Guntur Dist. Rep for K.Venkateswarlu,
Conductor, E79371.. Petitioner
And
The Divisional Manager, APSRTC, Guntur Division,
Guntur ..Respondent
This petition coming before me upon perusing the material papers on record and upon hearing the arguments of Sri B.V.Rao, Advocate for the petitioner and
Law Officer for respondent, the court passed the following:
AWARD
This is a reference made us/ 10(1)(c) of Industrial Disputes Act referring the dispute arose in cornection with the orders passed by the Divisional Manager,
APSRTC, Guntur Division, Guntur against K.Venkateswarlu, E79371 .
2.The petitioner filed his claim statement with the contentions in brief are as follows:
The petitioner presently working as a conductor at Mangalagiri Depot,
Mangalagiri , while he was working as a conductor in Ponnur Depot, it was alleged and reported by Sri R.S.C.Bose, authorized ticket booking agent, Ponnur and Sri B.Subba Rao of Ponnur that he had deviated the route course of the
Special Hire service booked to perform on route Ponnuru to Ravinuthala via.
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Niodubrolu, Chirala and Rachapudi on 3182002 with the bus No.AP 10Z 3714 and operated via Nidubrolu , Chirala and Naguluppalapadu which involves extra kilometers of operation. Further it was alleged orally by the complainant that he had demanded and taken away Rs.700/ from the hirer and when you were summoned in the chamber of the Depot Manager, Ponnuru on 692002 and enquired orally in the presence of the complainants and the Stenographer of
Ponnuru depot by name Sri P.V.H.Rama Rao, he had admitted about the acceptance and receipt of Rs.300/ paid by the hirer and also admitted about the route deviation and no intimation of the same to the depot authorities. A preliminary enquiry was conducted by the Senior Traffic Inspector, Ponnuru
Depot, on the allegations and submitted his preliminary enquiry report on 1592002. Basing on the preliminary enquiry report, the Depot Manager, Guntur
I Depot placed the workman under suspension with issuing a charge sheet on 1792002. The charge sheet contained the following charges.
CHARGE NO.1: “ For having violated the instructions of STI/PNR and deviated the route course of special hire service operated by you with bus
No.AP10Z 3714 on 3182002 and thereby caused extra Kms of operation unauthorizedly and concealed the above fact without intimating to the Depot authorities which constitutes serious misconduct, vide Reg.No.28 (XXXII and
XXII) of APSRTC Employees (Conduct) Reg. 1963.
CHARGE NO.2: “For having demanded and accepted an amount of Rs.
300/ towards the operation of extra Kms. Of above special Hire bus through deviated route course on 3182002 which was pocketed by you in collusion with the driver thereby caused loss of revenue to the Corporation and tarnished the image of the Corporation in the eyes of public which constitutes misconduct, vide
Reg.No.28(III and X) of APSRTC Employees (Conduct) Reg. 1963”.
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CHARGE NO.3:” For having made false endorsement in the service log sheet as self not working to justify the low KMPL achieved and to conceed the fact of route deviation and operation of extra Kms thereby mislead the Depot authorities in collusion with the service driver which constitutes misconduct vie
Reg. No.28(XXII) of APSRTC employee (Conduct) Reg. 1963.
3. The workman had denied the charges and submitted his explanation to the charge sheet, the case was entrusted to the enquiry Officer, R.M's Office,
Guntur to conduct detailed enquiry and submit report. Accordingly the enquiry officer has conducted enquiry and submitted his enquiry report on 15303. The enquiry officer has opined that the charges are proved. A copy of the enquiry report supplied to the petitioner and offered his objections against the enquiry report the workman had denied the enquiry report and submitted his objections against the enquiry report. Without considering the objections, the depot Manager issued show cause notice of removal from service on 9.4.2003. The workman had denied the show cause notice of removal from service and submitted his explanation. Without considering the explanation, the respondent Depot Manager,
GunturI Depot passed removal orders on 3042003 , vide Order No.
01/114(7)/2002, GNTI dt.30.4.2003. The removal orders passed by the Depot
Manager, GunturI Depot were unlawful, unjust and against the principles of natural justice.
4.While he was operating the special Hire service on 31802, he was not provided with any route map to follow the same and when the workman requested the Senior Traffic Inspector, he advised the workman to proceed as per the instructions of the marriage party, who hired the bus and accordingly the workman followed the same. But the workman had not violated the instructions of 4 the STI/PNR and not deviated the route course of Special Hire service. There was no extra Kms. Operated unauthorizedly and the workman did not concealed the above facts. The workman had shown the operated Kms in the S.R. As per the route course. It was also admitted by the S.T.I. In the enquiry that operate the service as per the advise of the marriage party.
5.Regarding charge No.2 that there was no evidence before the enquiry officer, that the workman demanded and accepted Rs.300/ for operating the extra
Kms. Except the hearsay evidence of the stem of Depot Manager, Ponnuru who is the complainant in this case and also the evidence of Depot Manager, Ponnuru that the workman himself stated before him that he received Rs.300/ from marriage party, there was no written or independent evidence before the enquiry officer.
Even the person who alleged sent a oral complaint to the Depot Manager, Ponnur by name Mallikarjuna Rao categorically stated that the workman never demanded any amount from them nor they paid any amount to him in the domestic enquiry.
There was no legal evidence to prove that I had collected Rs.300/ from the marriage party or I had operated extra Kms. Without having any legal evidence the enquiry officer came to the conclusion that the charge was proved.
6.Regarding charge No.3 that the driver of the service was made an endorsement in the service Log sheet as self not working. He was not in any way responsible for that remark. He did not know about the vehicle condition. He did not know how the allegations made against him. He was not responsible for achieved low KMPL. He had not concealed any fact, there was no route deviation nor operated extra Kms. He was not mislead the Depot authorities. The workman had denied the charges in his charge sheet explanation and the domestic enquiry.
During the course of enquiry K.Siva Kumar, s/o Seshagiri Rao, resident of
Ponnuru had stated that he had travelled in th bus on 3182002 and he did not 5 know the route course to Ravinutala and as per the advise of the some persons, the driver and conductor had operated the service. It was further stated that the conductor and driver did not demanded any amount from them and he did not pay any amount to the creue of the bus. The other passenger named Ch.Mallikarjuna
Rao s/o Venkateswarlu had attended to the enquiry and he had stated that he had taken Special Hire bus to Ravinuthala on 31802. He further stated that he did not pay any amount to the bus conductor or driver. He further stated that he did not know about the Bose and also his uncle Sri Subba Rao was also not travelled in the bus. As per the statements of the said passengers it was an admitted fact that
I had not deviated the route course nor I had not collected any amount from the marriage party. There was no legal evidence to prove the charges. Without having any legal evidence how the enquiry officer came to the conclusion that the charges are proved. The enquiry officer his findings without any proper evidence. The enquiry officer has not rightly appreciated the facts and evidence on record and the conclusion drawn without any cogent and conveniencing evidence. The conclusion drawn by the enquiry officer was completely biased and against the principles of natural justice. Basing on the enquiry report the Depot Manager supplied a copy of the enquiry report to the workman and offered his objections against the enquiry report. The workman had denied the enquiry report and submitted his objections against enquiry report. There was no written complaint from any body either from R.S.C.Bose authorized ticket booking agent or B.Subba
Rao, Ponnuru. Without considering the objections and without considering the facts the respondent Depot Manager issued show cause notice of removal from service on 942003. The workman had denied the show cause notice of removal from service and submitted his explanation. Finally the Depot Manager passed removal orders on 3042003. The removal orders passed by the Depot Manager were unlawful and unjust.
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7.The workman had preferred an appeal to the Divisional Manager,
APSRTC, Guntur against the removal Orders, the Divisional Manager considering the appeal subject to the following conditions by order No.Steno/19(51)2003
DCM, dt.8102003.
1)He shall be found medically fit for A2 category.
2)He shall pay security deposit a fresh; 3)He shall suffer with pay reduction by the incremental stages for a period of two years having effect on future increments.
4)The intervening period from the date of removal till he reports for duty where he posted shall be treated as not on duty for the purpose of increments.
The workman had reinstated in service with continuity of service and he was awarded with extreme penalty of reduction of pay by two incremental stages for a period of two years with cumulative effect.
8.The workman had preferred a review petition to the Regional
Manager, Guntur against the orders of the Divisional Manager, Guntur Division,
Guntur without considering the review petition the Regional Manager rejected the review petition and passed orders on 2342004.
9.The workman had not committed any misconduct without having any valid reasons the workman was removed from service. He was reinstated in service by the Divisional Manager, Guntur. The Divisional Manager awarded extreme penalty of reduction of pay the incremental stages for a period of two years with cumulative effect. By the said punishment the workman's pay was reduced by the two incremental stages from the present pay and it was continued for two years and also the workman was not allowed two increments for the 7 worked two years period. Hence, the workman was awarded with double punishment. It was not open to the respondent Divisional Manager to award the punishments for a single offence. The punishment awarded by the Divisional
Manager was unconstitutional and against the principles of natural justice. Hence it is prayed to set aside the punishment orders passed by the Divisional Manager,
APSRTC, Guntur Division, Guntur and treat the period from the date of removal to till the workman reports for duty shall be treated as on duty.
10.Respondent filed counter with the averments in brief as follows:
The petitioner was initially appointed as driver on 141278 and later appointed as conductor on 7797. During his service period, he was censured twice, his annual increment deferred once and removed from service in the present case and reinstated into service by the 2nd respondent in an appeal preferred by him. Thus, he is bereft of any clean record of service. The petitioner was attached to Ponnur Depot during the relevant period. It is reported by Sri R.S.C.Bose authorized ticket booking agent, Ponnur and Sri B.Subba Rao of Ponnur on 692002 in the office of the Depot Manager, Ponnur that the petitioner was deviated the route course of Special Hire service booked to perform on route
PonnurRavinuthala (via) Nidubrolu, Chirala, and Rachapudi on 3182002 with the bus No.AP10Z 3714 and operated (via) Nidubrolu, Chirala and
Naguluppalapadu, which involves extra kilometers of operation. Further, it is alleged orally by the complainant that the petitioner had demanded and taken away
Rs.700/ from the Hirer and when the petitioner was summoned in the Chamber of the Depot Manager, Ponnur on 6902 and enquired orally in the presence of the complainants and the Stenographer Sri P.V.K.Rama Rao, the petitioner admitted about the acceptance and receipt of Rs.300/ paid by the Hirer. The petitioner had also admitted about the route deviation and no intimation of the same to the Depot authorities. After the spell of above Special Hire Service, in collusion with his 8 service driver it was wrongly endorsed in the Log Sheet as SELF NOT
WORKING for the reason of yielding low KMPL of 4.08 though actually it was on account of operation of extra Kms due to route deviation.
11.The petitioner had violated the instructions of the Senior Traffic
Inspector, Ponnur Depot and deviated the route course thereby operated extra
Kms., for which he has demanded and received payment of Rs.300/ from the
Hirer and concealed said facts and tried to mislead the Depot Authorities by endorsing wrong R.G in the log sheet to cover up achieving the low KMPL in collusion with his service driver, which are of serious nature irregularities committed by him. A preliminary enquiry into the case is conducted by the Senior
Traffic Inspector, Ponnur Depot, wherein it was clearly established that the petitioner had deviated the route course and operated extra Kms and the petitioner had failed to intimate the above fact to the Depot Authorities and not made any endorsement in the S.R. As having operated extra kms due to route deviation and received the payment of Rs.300/ towards the same. Based on the preliminary
Enquiry Report of Senior Traffic Inspector, Ponnur Depot, the petitioner was placed under suspension on 1792002 and a charge sheet dt.1792002 was issued to him.
12.The petitioner had submitted his explanation to the charge sheet on 28902, which is not convincing. The 1st respondent in order to provide further opportunity to the petitioner to defend his case ordered for a detailed domestic
Enquiry to be conducted into the charges. The Asst. Manager(TEnquiries),
Regional Manager's office, Guntur was nominated as Enquiry Officer. The
Enquiry Officer has conducted the enquiry as per the procedure laid down in CC & A Regulations. The Enquiry Officer has given all reasonable opportunities to the petitioner to defend his case, but the petitioner has failed to vail the same. All 9 the recordings made by the Enquiry Officer were explained to the petitioner in his mother tongue and certified to have been correctly recorded. He vouch safed that he is fully satisfied with the conduct of enquiry. Thus, a fair and proper enquiry was conducted in accordance with APSRTC CC & A Regulations duly following the principles of natural justice. The Enquiry Officer on the basis of evidence available on record submitted his report to the 1st respondent holding the charges levelled against the petitioner as proved.
13.The 1st respondent has communicated the findings of the Enquiry
Officer to the petitioner calling for his comments on the Enquiry Report vide letter dt.1532003.The petitioner has submitted his remarks on Enquiry Officer's report on 26.3.03. The 1st respondent after perusing the remarks offered by the petitioner on the Enquiry Report together with the entire evidence available on record came to a conclusion that the charge levelled against the petitioner stand proved and that the penalty of removal from service is fit and proper to be imposed upon the petitioner, as such issued show cause notice of removal from service to petitioner on 942003. The petitioner had failed to submit his explanation to the show cause notice of removal from service even though he acknowledged it on 1742003. The 1st respondent after perusing the entire evidence available on record had finally passed orders of removal from service vide proceedings dt. 3042003.
14.The appeal preferred by the petitioner to Divisional Manager , Guntur was considered on merits and reinstated the petitioner into service vide proceedings dt.8.10.2003 duly awarding a punishment of reduction in pay by two incremental stages for a period of two years, which shall have an effect on future increments and treated the period from the date of removal from service to till he reports for duty on reinstated as 'Not on duty'. The Review petition preferred by 10 the petitioner to Regional Manager, Guntur was considered and rejected on merits vide proceedings dt.23404. The averments and allegations made in the petition are false, incorrect and hence denied. The respondentsManagement has followed the principles of natural justice at every stage in the case. Thus, the action taken by the respondentsmanagement is just legal, valid proportionate to the misconduct committed. Hence praying to dismiss the petition.
15.No oral or documentary evidence adduced by either party.
16.Heard either party.
17.Now the point that arise for determination are:
1)Whether the action of the Divisional Manager, APSRTC, Guntur, in imposing the punishment of reduction of pay by two incremental stages for a period of two years besides treating the period from the date of removal till the date of reporting for duty as not on duty against Sri K.Venkateswarlu, E79371, Conductor vide order
dated 8102003 is justified?
2)To what relief?
18.POINT NO.1: The petitioner was working as a conductor in Ponnur depot . It is reported by Sri R.S.C.Bose , authorized ticket booking agent, Ponnur and Sri B.Subba Rao of Ponnur on 6.9.2002 in the office of the Depot Manager ,
Ponnur , that the petitioner has deviated the route course of the special Hire service booked to perform on route Ponnur to Ravinutala via Nidubrolu, Chirala and Rachapudi on 3182002 with the bus No.AP 10Z 3714. It is also alleged that the petitioner demanded and taken away Rs.300/ . It is alleged that the petitioner has violated the instructions of STI/PNR and deviated the route course of special 11 hire service operated by you on 3182002 and thereby caused extra Kms.
19.A preliminary enquiry was conducted by the Senior Traffic Inspector,
Ponnuru depot wherein it was clearly established that the petitioner deviated the route course and operated extra Kms and the petitioner failed to intimate the above fact to the depot authorities and not made any endorsement in the S.R. Basing n the preliminary enquiry report of the Senior traffic Inspector , Ponnur Depot the petitioner was placed under suspension on 17.9.2002 and the charge sheet ws issued to him with following charges:
CHARGE NO.1: “ For having violated the instructions of STI/PNR and deviated the route course of special hire service operated by you with bus
No.AP10Z 3714 on 3182002 and thereby caused extra Kms of operation unauthorizedly and concealed the above fact without intimating to the Depot authorities which constitutes serious misconduct, vide Reg.No.28 (XXXII and
XXII) of APSRTC Employees (Conduct) Reg. 1963.
CHARGE NO.2: “For having demanded and accepted an amount of Rs.
300/ towards the operation of extra Kms. Of above special Hire bus through deviated route course on 3182002 which was pocketed by you in collusion with the driver thereby caused loss of revenue to the Corporation and tarnished the image of the Corporation in the eyes of public which constitutes misconduct, vide
Reg.No.28(III and X) of APSRTC Employees (Conduct) Reg. 1963”.
CHARGE NO.3:” For having made false endorsement in the service log sheet as self not working to justify the low KMPL achieved and to conceed the fact of route deviation and operation of extra Kms. Thereby mislead the Depot authorities in collusion with the service driver which constitutes misconduct vie 12
Reg. No.28(XXII) of APSRTC employee (Conduct) Reg. 1963.
The petitioner submitted his explanation to the charge sheet on 28.9.2002.
The 1st respondent provided an opportunity to the petitioner to defend his case and ordered for a detailed domestic enquiry to be conducted nominated the
Enquiry Officer. Accordingly the Enquiry Officer conducted the enquiry as per the proceedure laid down in the Rules by extending reasonable opportunities to the petitioner to defend his case .
20.The Enquiry Officer basing on the evidence available on record drawn a conclusion that the charges are proved. The 1st respondent has communicated the findings of the Enquiry Officer to the petitioner and called for his comments on 15.3.2003. The petitioner submitted his remarks on 2632003.
The 1st respondent having perused the material available on record imposed a penalty of removal of the petitioner from service. Accordingly the 1st respondent finally passed the orders of removal of the workman from service vide proceedings dt.17.4.2003.
21.An appeal was preferred by the petitioner to the Divisional Manager ,
Guntur which was considered and the petitioner was reinstated into service vide proceedings dt.8.10.2003 awarding punishment of reduction in pay by two incremental stages for a period of two years which shall have an effect on future increments and treated the period from the date of removal from service till he reports for duty as not on duty.
22.The learned counsel appearing for the petitioner urges that the petitioner was not provided with any route map to be followed and when he requested the Senior Traffic Inspector . It is contended that the petitioner was 13 advised to proceed as per the instructions of the marriage party who hired the bus and that accordingly the petitioner has followed the instructions and that the petitioner has not violated the route course of Special Hire Service. With regard to second charge it is urged that there is no evidence that the petitioner has accepted
Rs.300/ for operating extra Kms.
23.I have closely perused the report of the Enquiry Officer. No route map provided to the petitioner. K.Siva Kumar s/o Seshagiri Rao r/o Ponnur has stated that he was one among the passenger in the bus on 31.8.2002 and he do not know the route course to Ravinuthala. The second allegation that the conductor accepted the bribe Rs.300/ is only oral evidence which is not established. The bus which was hired Ponnuru to Ravinuthala by Ch.Mallikarjunarao as stated during the enquiry that he did not pay any amount to the conductor or driver. It is clear on perusal of the material on record that the workman was removed without any misconduct is established against him. There are any valid reasons in the punishment awarded to the workman. The Divisional Manager awarded extreme penalty of reduction of pay of the petitioner for a period of 2 years with cumulative effect . As none of the charges against the petitioner were established , the reasoning given to reduces two increments are illegal.
24.POINT NO.2: In the result, an Award is passed and the reference is answered holding that the action of Divisional Manager, APSRTC, Guntur in imposing the punishment of reduction of pay by two incremental stages for a period of 2 years besides treating the period from the date of removal till the date of reporting for duty as not on duty against the petitioner is unjustified. The petitioner is entitled for the increments whichever withhold under the impugned order.
This Award shall become enforceable in expiry of 30 days from the date of 14 its publication u/s 17 of I.D.Act by virtue of powers conferred u/s 17A(1) of
I.D.Act.
Dictated to the Personal Assistant, transcribed by her, corrected and
pronounced by me in open court, this the 12th day of June, 2012.
PRESIDING OFFICER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
No oral or documentary evidence adduced on either side.
PRESIDING OFFICER