Karnataka High Court grants relief to overworked constable suspended for sleeping on duty

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..Sleep and work life balance is what is necessary today.Karnataka High Court.The Court was hearing a plea moved by one Chandrashekhar, a 33-year old KST constable who was suspended from duty in July 2024. The suspension was ordered after he was found sleeping on the job in April that year. Videos of this went viral on social media, and the State authorities ordered his suspension for bringing disrepute to the Kalyan Karnataka Road Transport Corporation (KKRTC).In his defence, the KST constable told the Court that he was made to work double shifts, which left him exhausted. He pointed out that even a vigilance report indicated that there was a staff shortage of two-three personnel at the depot where he worked. Instead of hiring additional staff, he was made to repeatedly work in double shifts leaving him sleep deprived, the Court was told. The constable added that he fell asleep after taking certain medicine prescribed by a doctor..The Court was sympathetic to the constable's plight, noting that sleep and leisure are important parts of work-life balance. Justice Nagaprasanna observed that the importance of work-life balance has even been recognised by international covenants such as the Universal Declaration of Human Rights, 1948, under Article 24. "In the light of Article 24 ... everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay," the Court noted.It added that such international covenants indicate that work hours should not exceed 48 hours in a week and 8 hours in a day, except in exceptional circumstances.The Bench further noted that other High Courts, such as the High Courts of Calcutta and Uttarakhand, have stressed the importance of one's rights to periodical rest and sleep.The Court concluded that the suspension order against the overworked constable in this case was unsustainable."If the petitioner has slept while on duty, when his duty was restricted to a single shift, it would undoubtedly become a misconduct. In the case at 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..[Read Order]