HC quashes case on bus conductor who lost tickets worth Rs 1.43 lakh

The Madras High Court quashed the order directing him to pay the value of the tickets and instead collected the cost involved in printing those unused tickets.

Justice M S Ramesh, who offered the relief said, “Pursuant to the loss of tickets, the petitioner reported the same to the Branch Manager and filed a police complaint dated 12.10.2016 to Anna Nagar Police Station. The police issued a certificate stating that the unused tickets could not be traced out. Therefore, there was no negligence on the part of the petitioner in respect of the loss of unused tickets.”

The petitioner J Abiraham Koyilraj, who joined the services as conductor on 21.09.2009 in TNSTC, Thoothukudi branch, had submitted that since there was no specific provision to keep the unused tickets safely, he kept the same in his bag and it was stolen. Following this, from March 2019 onwards, TNSTC had been deducting portions of the total amount of the ticket value on monthly instalments. Aggrieved by the same, he moved the present plea.

His counsel in support of his contention had relied on a decision reported in 2008 wherein it has been held that when the loss of bus ticket books was not due to any negligence on the part of the bus conductor, no amount can be recovered from him. Also, regards the deductions made in the monthly salaries, no prior notice calling for explanation was given and hence the action of deducting the value of the lost tickets in monthly instalments is in violation of principles of natural justice.

Based on this, Justice Ramesh, said “I do not find any justifiable reason on the action taken by the TNSTC in deducting the value of the lost tickets from and out of the petitioner’s salary. Accordingly, TNSTC is hereby injuncted from recovering the value of lost tickets to the tune of Rs 1.43 lakh from and out of the petitioner’s salary or any other monetary benefits.”

TNSTC shall also refund the amount already recovered from March, 2019, the judge held, while noting that it is open to TNSTC to collect the cost of printing the lost tickets, after substantiating as to how they had arrived at the quantum of amount that could have been spent for printing.