WP/14238/1997 of Gangaram, S/o. late. Sri. Pulioji, Vs The Regional Manager, on 26 December 2005

ORAL ORDER:

THE HON'BLE SRI JUSTICE N.V.RAMANA

WRIT PETTION NO. 14238 OF 1997

The present writ petition is filed seeking a writ of mandamus directing therespondents to fix the basic pay of the petitioner in the scale of pay ofRs.1705/- from 12.4.1993 to 11.11.1994 and pay the same.

The petitioner, a conductor in the respondent corporation was suspended videproceedings dated 27.7.1992 on the charge of failure to collect the fare andissue ticket to a passenger and for shortage of cash. The petitioner submittedhis explanation and having not satisfied with the same, an enquiry was ordered.The enquiry was concluded holding the petitioner guilty of the charges allegedagainst him. Based on the enquiry report the petitioner was issued with a showcaution notice dated 24.10.1992 for removal from service and since he has notoffered any explanation he was removed from service vide orders dated13.11.1992. Questioning the said order, petitioner preferred an appeal. TheAppellate Authority disposed of the appeal by orders dated 31.3.1993 whileupholding the punishment of removal as proper, on humanitarian groundsreinstated the petitioner by reducing his scale and fixing the same in the scaleof pay at Rs.1125-1935. The appellate authority further held that he would earnhis increment from the date of reporting for duty and the period of removal shallbe treated as “not on duty” for all purposes. The review petition preferred by thepetitioner was rejected by order dated 22.12.1994. Hence, the present writpetition.

The learned counsel for petitioner contended that the Appellate Authority failedto take into consideration the unblemished service of petitioner and erred in re-fixing the scale of the petitioner in a lower scale and sought for an interferenceof this Court.

Per contra, learned Standing Counsel for respondent corporation submitted thatthe charges alleged against the petitioner were held proved in the enquiry andthe Appellate Authority only on humanitarian grounds reinstated the petitionerinto service. It is thus prayed that no interference is warranted by this Court.

Heard the learned counsel for petitioner and learned Standing Counsel forrespondent corporation and perused the material available on record.

It is to be seen that there are only six passengers in the bus while the checkwas conducted and the charge of failure to issue ticket to one passenger washeld proved in the enquiry and the petitioner was found guilty of the said chargeand the petitioner did not challenge the findings of the enquiry. The AppellateAuthority while holding the punishment in order, on humanitarian grounds andhaving regard to clean record of service reinstated the petitioner into service byreducing his scale of pay, which cannot be said to be illegal. It is well settledthat unless and until there is grave irregularity conducted or there is nonconsideration of the matter by the authorities concerned while imposing thepunishment or the penalty imposed is disproportionate to the charges allegedand shocking the conscious of the Court, this Court cannot interfere with thepunishment imposed. The case on hand is not of such a kind in as much as thecharges alleged against the petitioner were held proved in the enquiry and were upheld by the Appellate Authority and the punishment of removal was reducedand petitioner was ordered to be reinstated and fixed in a lower scale of pay.Hence, the impugned order cannot be said to be illegal warranting interferenceof this Court.

For the foregoing reasons, the writ petition fails and the same is accordinglydismissed. No costs.

DATED: 26.12.2005

TVK

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N.V.RAMANA,J

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO : 14238 of 1997