Complaint filed on: 15-12-2015                                                      Disposed on: 25-01-2017

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No.141/2015

DATED THIS THE 25^th DAY OF JANAURY 2017

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT

SRI.D.SHIVAMAHADEVAIAH, B.A, LLB, MEMBER

SMT.GIRIJA, B.A., LADY MEMBER

Complainant: -

Sri.Someshwara,

S/o.Chowdappa.S,

Aged 42 years,

Advocate, Ward No.7,

Kalidasanagara, Sira town,

Sira, Tumakuru district

(By advocate Sri.G.H.Sreenivasa)

V/s

Opposite parties:-    

1. N.K.Basavaraju,

Divisional Controller,

KSRTC, Tumakuru Division,

2. Jeethendra.B.C,

Traffic Inspector,

3. Sri Mallappa,

Traffic Inspector,

2 and 3 are working at KSRTC, Shanthinagara, KH Road,

Bengaluru

4. G.R.Srirangaiah,

Conductor, KSRTC,

Sira Depot, Sira, Tumakuru District

(OP No.1 & 3-by advocate Sri.Shankaraiah.R)

(OP No.2-Exparte)

(OP No.4-by advocate Sri.M.N.Kumaraswamy)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

This complaint filed by the complainant against the OPs, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OPs to pay Rs.970=00 along with 12% interest p.a. from 14-11-2013 till actual date of payment and grant costs and such other relief, in the interest of justice and equity.

2. The brief facts of the complaint is as under.

          The 4^th OP is a conductor discharging his duties in the bus bearing No.KA-06-F-883 which belongs to the Sira Depot. On 14-11-2013 the complainant was travelling in the said bus from Tumakuru to Sira at about 9.10 p.m. and he had paid a currency note of Rs.1,000=00 to the conductor towards the bus fare and the 4^th OP issued tickets and demandedRs.6/- change and the complainant paid Rs.6/- in return the 4^th OP had issued ticket and endorsed on the back side of the ticket with his signature that he shall pay Rs.970=00 to the complainant. Thereafter the bus after reaching the Sira, the complainant had forgot to take the change amount from the 4^th OP and he got down from the bus.

          The complainant further submitted that, on the way to his home, he remembered about the change and he went to the bus stop and enquired about the conductor, but the conductor was not found. Hence, the complainant informed the matter to the higher officer who were working in the bus stop and the official advised the complainant to approach the depot and file requisition to get the change. As such the complainant submitted the requisition to the Manager, KSRTC Depot, Sira unit. In turn, he advised to submit the same to the 1^st OP, as such the complainant submitted his requisition to the 1^st OP on 16-11-2013.

          The complainant further submitted that, the 1^st OP has issued a letter dated 26-11-2013 to the complainant stating that, the enquiry will be initiated against the 4^th OP and if the 4^th OP is found guilty, the change amount will not be paid to the complainant. Meanwhile an enquiry was initiated against the 4^th OP.

          The complainant further submitted that, the complainant has filed his affidavit before the enquiry committee on 12-3-2015 alleging the facts of the complaint. The 1^st OP has not brought to the notice of the complainant, whether the enquiry against the 4^th OP was completed or not. Hence, the OPs have done deficiency in service in paying the change amount, so the OPs are liable to pay the change amount. Hence, the present complaint is filed.

3. After service of notice, the OP No.1, 3 and 4 have appeared through their counsel and filed separate objections. The 2^nd OP has not appeared before the forum and he was called out absent and he has been placed exparte.

4. In the version, the OP No.1 and 3 has pleaded that, the complaint is not maintainable either in law or on facts and it is liable to be dismissed. The OP No.1 and 3 further submitted that, the 4^th OP was working a conductor (Badge No.2600/18992) at Sira depot in the 1^st OP division. On 14-11-2013 when the 4^th OP was discharging his duties in the bus bearing No.F-883 plying on route no.107/8 i.e. from Tumakuru to Sira, the checking officials Sri.B.S.Jeethendra, Traffic Inspector and Sri.Mallappa, Traffic Inspector, Central checking squad, Central office, Bangalore checked the ST revenue with the 4^th OP at Sira stage at about 22.22 hours. During the said check, it was found that, the 4^th OP was having excess cash of Rs.976=00 unauthorisedly with him.

The OP No.1 and 3 further submitted that, in view of the irregularities committed by the 4^th OP, the checking officers made necessary remarks in the way bill No.00116563, further the 4^th OP has refused to sign on the Sy.19 form and offence memo prepared by the checking officers. Signature of the driver of the bus was obtained on the office memo and at that point of time no passengers were in the bus. Thereafter, the checking officers submitted a detailed report to the disciplinary authority enclosing the relevant documents for taking further action in the matter. Based on that report submitted by the checking officers, the 4^th OP was placed under suspension by order dated 12-12-2013. Thereafter the disciplinary authority issued an article of charges dated 12-12-2013 to the 4^th OP and decided to hold an enquiry against the 4^th OP to find out the truth of the charges leveled against him and appointed Sri.Shivanna, Retired Judge as the enquiry officer by order dated 28-4-2014. The enquiry authority fixed the enquiry on several dates was issued enquiry notices to both the parties, and conducted a detailed enquiry. On 30-7-2014, the 4^th OP presented before the proceedings officer and charges were read over and explained to him.

The OP No.1 and 3 further submitted that, the 4^th OP has failed to substantiate his case. After receipt of the enquiry findings, the disciplinary authority served a copy of the enquiry report along with the show cause notice dated 20-4-2015 on the 4^th OP and the 4^th OP submitted reply to the show cause notice.

The OP No.1 and 3 the disciplinary authority on an independent assessment of the facts, circumstances and evidences on record held that, the 4^th OP was guilty of the charges.    The disciplinary authority came to a conclusion that, there are no extraneous circumstances to take a lenient view against the 4^th OP. Hence, the 4^th OP has dismissed from the service by order dated 4-12-2015.

The OP No.1 and 3 further submitted that, the act of the complainant and 4^th OP is against the law. The complainant and 4^th OP have colluded with each other and filed this false complaint against the OPs. Hence, it is prayed to dismiss the complaint with cost, in the interest of justice and equity.

5. In the objection, the 4^th OP pleaded that, the complaint is not maintainable either in law or on facts and it is liable to be dismissed in limine. One Sri.Someshwara i.e. complainant boarded the bus at Tumakuru to travel towards Sira and gave Rs.1,000=00 currency note and paid Rs.6/- change after receiving Rs.6/- from him, the 4^th OP had issued one ticket of Rs.36/- and remaining balance of Rs.970/- has been endorsed on the back side of the ticket by putting his signature. Thereafter, the said vehicle came to be intercepted by the checking squad at Sira at about 22.22 hours and issued a false offence memo to the 4^th OP to the 4^th OP falsely alleging that, when the checking official have checked the cash on hand of the 4^th OP and he was having excess cash of Rs.976/- in his cash bag and hence the 4^th OP has violated regulation 3 (i) and 3 (ii) of the KSRTC Employees Conduct and Discipline Regulation 1971. Further at the time of checking, the 4^th OP has explained the true fact, but inspite of that, the checking squad have issued an offence memo by obtaining the signature of the driver of the said bus and directed the 4^th OP to deposit the said excess cash of Rs.970=00 along with the collected revenue in the depot. After the said incident the complainant who gave Rs.1,000=00 currency note to the 4^th OP has written a letter to the Depot Manager, Sira Depot explaining the real fact by enclosing the said ticket along with the said representation and requested them to repay a sum of Rs.970=00 to him. The 1^st OP has given reply dated 26-11-2013 to the complainant informing that on the charge of excess cash disciplinary proceedings were initiated against the 4^th OP and in the event if the charges were proved against the 4^th OP the excess amount which was sought by him is not permitted to repay to him. The complainant has appeared before the enquiry officer and filed his statement and requesting them to repay Rs.970=00 to him and he has also produced the ticket which was issued by the 4^th OP, but the enquiry officer without considering the statement given by the complainant and also without recording any specific findings on his statement has submitted his findings to the 1^st OP holding that the charges leveled against the 4^th OP has been proved. The charges leveled against the 4tgh OP has been proved and dismissed the 4^th OP from the service of the KSRTC. Hence, there is no deficiency in service by the 4^th OP.  So the complaint be dismissed against the 4^th OP with cost, in the interest of justice and equity.       

6.  In the course of enquiry into the complaint, the complainant and OP No.1, 3 and 4 have filed their affidavit evidence reproducing what they have stated in their respective complaint and version.   The complainant has produced documents, which were marked as Ex-C1 to C5. The 1^st OP has produced the documents, which were marked as Ex-R1 to R7. The 4^th OP has produced document which were marked as Ex.R1 and R2. We have heard the arguments of both parties and perused the documents of both parties and posted the case for order.

7. Based on the above materials, the following points will arise for our consideration.

1. Whether there was deficiency in service on the part of the OPs as alleged by the complainant?
2. What Order?  

8. Our findings on the above points are;

          Point no.1: In the Negative

          Point no.2: As per the final order below.

REASONS

          9. On perusal of the pleadings, affidavit evidence, objections of the OPs and documents produced by both parties, it is an admitted fact that, the 4^th OP was working as conductor in route No.107/2008 at Sira Depot of Tumakuru division. On 14-11-2013 when the 4^th OP was discharging his duties in bus bearing No.F-883 Sira bus route no.107/08 from Tumakuru to Sira, the central checking squad checked the ST revenue at Sira stage at about 22.22 hours and it was found that the 4^th OP was having excess cash of Rs.976=00 in his cash bag. Thereafter, the checking squad has prepared the offence memo and obtained the signature of the driver and submitted the details to the disciplinary authority including relevant documents. Based on the report submitted by the disciplinary authority, the 4^th OP has placed under suspension from 12-12-2013. Thereafter, the disciplinary authority has framed charges against the 4^th OP and given an opportunity to the 4^th OP to participate in the enquiry, but the 4^th OP has failed substantiate his case before the disciplinary authority. Thereafter, the 4^th OP has dismissed from the service on 4-12-2015.

10. Further the complainant has filed his affidavit before the enquiry committee on 12-3-2015, after proper investigation, the disciplinary authority have verified the documents and passed an order dismissing the 4^th OP.

11. The 4^th OP has questioned the legality and validity of the order passed by the disciplinary authority before the PRL District and Sessions Judge, Tumakuru questioning the dismissal of the service. Since, the matter with regard to the dismissal of the 4^th OP in pending before the Hon’ble Principal District and Sessions Judge, Tumakuru, this Forum cannot express any opinion. All that, the complainant could do is to implead itself before the Hon’ble Principal District and Sessions Judge, Tumakuru. Hence, we come to conclusion that, the present complaint is not maintainable before this forum. Accordingly, we answer this point. In the result, for the foregoing reasons, we proceed to pass the following order.

ORDER

The complaint is dismissed. No costs.

          Supply free copy of this order to both parties. 

          (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 25^th day of January 2017).

LADY MEMBER                      MEMBER                       PRESIDENT