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The allegations against the sacked conductor were that he did not issue a ticket worth Rs 5 to a lady passenger and was also found having Rs 7 in excess in his money bag.
The Madras High Court recently quashed the termination order of a conductor who had been sacked for having Rs.7 excess in his money bag. Court also directed the Tamilnadu State Transport Corporation (Villupuram) Limited to reinstate the conductor with continuance of service and back wages.
The bench of Justice PB Balaji, in the order dated June 23, 2023, stated, "The punishment meted out is grossly disproportionate to the offence and it shakes the conscience of the court."
The conductor had moved the high court alleging that the order of his termination was illegal and arbitrary.
He submitted before the court that the Corporation had dismissed him taking into account the earlier charges for which he had been already punished. He also claimed that the Corporation had not given him a fair opportunity to present his case before his termination.
However, the Corporation opposed the plea and submitted that the petitioner was afforded a fair opportunity and it was justified in looking into the past history of the petitioner and therefore the impugned order was not liable to be interfered with.
The high court noted that the latest charges against the petitioner were that he did not issue a ticket to a lady passenger after receiving Rs.5, being the ticket amount, and he had Rs.7 excess in his money bag.
Regarding such excess, the court pointed out that the explanation given by the petitioner was that it was the lady passenger who had lost her ticket and to save herself from the penalty, she had shifted the blame upon him.
Court opined that the the explanation offered by the petitioner was also very much plausible and acceptable.
Further, regarding the petitioner's earlier charges, court noted that it had been admitted by the Corporation itself that in respect of the said offences, action was taken and issue was closed then and there.
Court stressed that none of the offences set out in the show cause notice appeared to be of any serious or grave nature.
Therefore, the high court held that the respondent authorities ought not to have fallen back on earlier concluded proceedings, that too in respect of a specific charge regarding non issuance of ticket and having an excess of Rs.7 in the petitioner's money bag.
Accordingly, court allowed the writ petition and quashed the termination order passed against the petitioner.
Case Title: A.Ayyanar Vs. The General Manager Tamilnadu State Transport Corporation (Villupuram) Limited Villupuram
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