BENGALURU: A transport constable, who was suspended from the state-owned Kalyana Karnataka Road Transport Corporation (KKRTC) for taking a 10-minute catnap after doing a 16-hour shift continuously for two months, has earned relief from Karnataka high court, which has quashed the suspension order issued by KKRTC.
Justice M Nagaprasanna pointed out that the KKRTC management itself was at fault for having made him to work on two shifts in a day for two months without a break. The video of the cop’s powernap had gone viral on social media.
The judge said high courts have recognised that under the Constitution, people have right to sleep and leisure and emphasised the importance of periodic rest and sleep.
“Therefore, no fault can be found with the petitioner sleeping during duty hours, in the peculiar facts of the case. If the petitioner slept while on duty when his duty was restricted to a single shift, it would undoubtedly become misconduct. In this case, the petitioner was made to work in two shifts — 16 hours out of 24 hours in a day — for 60 long days without a break,” the judge further observed.
Chandrashekar was appointed a Karnataka State Transport constable at Koppal division on May 13, 2016. On April 23, 2024, a vigilance report alleged the petitioner was found sleeping at work. On July 1, 2024, Chandrashekar was suspended.
Challenging the same, Chandrashekar argued he was sleep-deprived as he was made to work in repeated shifts continuously for two months and, therefore, fell sleep at work. KKRTC argued the videos of the petitioner sleeping on duty had brought disrepute to the corporation.
Justice Nagaprasanna noted that a KST constable’s workhours is eight hours a day. Due to heavy workload, Chandrashekar was asked to do two shifts. Article 24 of Universal Declaration of Human Rights depicts that everyone has right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Covenants in International Labour Organization, of which India is a part, recognise the work-life balance. The hours of work should not exceed 48 hours a week and 8 hours a day, except in exceptional circumstances, the judge said.
“Therefore, KKRTC’s action (of suspension) for its own folly is, undoubtedly, an action that suffers from want of bona fides. The order is, thus, rendered unsustainable and is to be obliterated. The petitioner is entitled to all consequential benefits, including continuity of service and salary for the period that he was placed under suspension,” the judge said.
MSID:: 118558384 413 |