BENGALURU: The High Court of Karnataka has quashed the order of Kalyana Karnataka Road Transport Corporation (KKRTC) suspending a constable for sleeping while on duty.
The corporation initiated action after a video of the constable sleeping while on duty went viral on social media.
“The petitioner is entitled to all consequential benefits, including continuity of service and salary for the period he was placed under suspension,” said Justice M Nagaprasanna while allowing a petition filed by Chandrashekar, KST constable, KKRTC, Kukanoor Depot, Koppal Division, questioning the order suspending him from service on July 1, 2024.
“No fault can be found with the petitioner sleeping during duty hours in this case. If the petitioner had slept while on duty, when his duty was restricted to a single shift, it would undoubtedly become misconduct. In this case, the petitioner is made to overwork in two shifts of 16 hours for 60 days without a break.
Therefore, the action of KKRTC placing the petitioner under suspension for the folly of the respondent is undoubtedly an action which suffers from want of bonafide, the order is thus rendered unsustainable and is to be obliterated,” the court observed.
The petitioner has been working as KST constable in Koppal Division since 2016. Due to a shortage of staff in KKRTC, the petitioner was transferred to the corporation. On April 23, 2024, a vigilance report was submitted, alleging that the petitioner was found sleeping while on duty around 5.45 am.
Based on the video clip, officials of the corporation sought an explanation from the constable. In his statement, the constable stated that he had taken some medicines as he was not well. He continued his duty in second and third shifts and took a power nap of 10 minutes.
The court observed that if an individual is deprived of sleep, he would fall asleep wherever he is. Therefore, sleep and leisure are considered important facets of the balance that is to be struck between work and life, the court said, citing the Universal Declaration of Human Rights.