The Karnataka High Court recently overturned the suspension of a Karnataka State Transport (KST) constable who had run into trouble after videos of him sleeping while on duty went viral on social media [Chandrashekhar v. The Division Controller, Disciplinary Authority, KKRTC].
Justice M Nagaprasanna observed that the constable could not be faulted for taking the power nap when he was made to put in extra hours of work for around a month.
Due to a staff shortage, the constable had been working 16-hour shifts, which was twice the hours that KST constables are generally expected to work.
"It is trite, if a person is asked to over work than his capacity, the body sometimes makes the said person to sleep, as sleep and work life balance is what is necessary today. It may be a constable today, tomorrow it can be anybody. Depriving sleep to any human being, will lead falling sleep anywhere," Justice Nagaprasanna said, while granting the constable relief and ordering his reinstatement to service as well as the payment of salary for the period of his suspension.
hand, the petitioner is made to over work by two shifts of 16 hours, in 24 hours, for 60 long days without break. Therefore, the action of the respondent placing the petitioner under suspension for the folly of the respondent, is undoubtedly an action which suffers from want of bonafides, the order is thus rendered unsustainable and is to be obliterated," the Court said.
Advocates Ravi Hegde and Vinay Kumar Bhat appeared for the petitioner constable. Advocate Prashant S Hosmani appeared for the disciplinary authority of the KKRTC.
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