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Karnataka high court confirms bus conductor's dismissal for repeated misconduct
Bengaluru: Karnataka high court has upheld the dismissal of P Basha, a conductor with KSRTC, citing his repeated instances of misconduct that had spiralled to over 55. "Given the past conduct of the appellant, the punishment imposed cannot be considered disproportionately excessive," a division bench comprising Chief Justice Vibhu Bakhru and Justice CM Joshi stated while dismissing the appeal filed by Basha.
Basha, a resident of Peresandra village in Chikkaballapur district, was appointed as a driver-cum-conductor with KSRTC on March 12, 2009. On Jan 13, 2019, while on duty on a bus travelling from Bengaluru to Gowribidanur, officials conducted a check at Yelahanka stage point and found 34+1 passengers on the bus. Two passengers, travelling from Mehkri Circle to Gowribidanur, had not been issued tickets. Basha failed to collect the fare of Rs 71 each from the two passengers and was charged with misconduct.
He contested the proceedings, stating that after issuing tickets, he had counted the passengers and found two in excess. Basha claimed that the two passengers were wearing headphones and were preoccupied with their mobile phones, causing them to forget to obtain tickets. Despite this, he was proceeded against, citing 57 instances of misconduct, including five serious red mark cases and three red mark cases. On March 5, 2020, a dismissal order was issued.
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Basha challenged the dismissal before the labour court, which on March 25, 2022, partly allowed his petition, setting aside the dismissal and directing his reinstatement with the withholding of three annual increments and all other consequential benefits.
The KSRTC management appealed the labour court's decision in the high court, which on Dec 20, 2023, upheld the dismissal order. Basha's subsequent request for a review was rejected, leading him to file a writ appeal.
The division bench reviewed the case records and noted that the enquiry officer had followed due procedure, establishing Basha's misconduct. The labour court had examined the fairness of the procedure and the merits of the findings, deeming them justifiable. "In view of the above, the only question that is to be addressed is whether the punishment is shockingly disproportionate. At first blush, it appears that the punishment of dismissal on account of non-issuance of tickets of an aggregate value of Rs 142 is harsh.
However, it is also necessary to bear in mind the past conduct of the appellant. A show-cause notice dated July 3, 2019 issued to the appellant listed 57 instances of misconduct. One of the cases was pending, but penalties were imposed on the appellant in the other 56 cases. Most of the cases were over non-issuance of tickets as well. The appellant was called upon to improve his conduct, but, apparently, there was no improvement," the bench observed.
"Clearly, the employer can't be compelled to suffer repeated misconduct on the part of its employee and to continue the employment of an employee who has steadfastly failed to improve... Viewed in this perspective, the punishment imposed on the appellant does not shock the conscience of this court," the division bench said, dismissing the appeal.
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