Sacking of conductor for misconduct upheld

A Division bench of the Madras High Court today upheld the sacking of a conductor of the state owned transport corporation from service for misconduct and dismissed his appeal challenging the single judge order.
The State Express Transport Corporation dismissed Conductor N Namachivayam on May 17, 2000 after a departmental probe found him guilty of misconduct for re-selling a Rs 20 ticket and having in his possession Rs 14 unaccounted cash during a raid by inspecting authorities.
The aggrieved worker moved the labour court challenging his dismissal on the ground that the amount involved was "small" and did not warrant such punishment, a plea which was upheld.

However, on a review petition filed by the transport corporation challenging the Labour Court order for re-instating the Conductor with 50 per cent back wages, a single judge set aside it.
Namachivayam preferred an appeal challenging the single judge order.
The Division Bench comprising Justice N Paul Vasanthakumar and Justice M Sathyanarayanan who heard the appeal dismissed it observing "whether the amount is big or small is not at all a matter but once it is confirmed that it is misconduct, there is nothing wrong in removing such Public servant from service."
The Bench in its order said "the fact remains that the same ticket has been punched and once again resold.