'Sleep & Work-Life Balance Necessary': Karnataka HC Sets Aside Suspension Of Constable Found Sleeping On Duty After Regular Double Shifts

The Karnataka High Court has set aside an order of suspension imposed on a constable working with the Kalyan Karnataka Road Transport Corporation on the grounds that he was found sleeping on duty.

Justice M Nagaprasanna while allowing the petition filed by Chandrashekhar, highlighted the need for proper sleep and work-life balance for employees. It said, “It is trite, if a person is asked to overwork than his capacity, the body sometimes makes the said person to sleep, as sleep and work life balance is what is necessary today.”

It added, “It may be a constable today, tomorrow it can be anybody. Depriving sleep to any human being, will lead to falling sleep anywhere. Therefore, sleep and leisure are considered an important facet of the balance that is to be struck between work and life.”

On 23.04.2024, a vigilance report alleged that the petitioner was found sleeping while on duty. The sleeping of the petitioner was video graphed and circulated on social media. Based upon the said videos being circulated in WhatsApp groups or social media, the concerned authority records the statement of the petitioner as to the reason for his sleeping.

The Vigilance Department had also submitted a report that there were only three KST constables in the depot; the workload on the exiting staff is extremely high and suggested appointing two more constables

In his statement Chandrashekar stated that he had taken medicine as per the advice of the doctor and as he is on continuous duty in the second and third shifts and therefore, he has taken a power nap of ten minutes.

However, the corporation contended that the petitioner was caught while he was sleeping on duty. The petitioner's sleeping was video graphed and circulated on social media, this brought disrepute to the Corporation and therefore, he was placed under suspension.

Findings:

The bench noted that the duty of a KST constable in the Corporation is for 8 hours a day. Three constables complete 24 hours of duty of 8 hours each. Due to the heavy workload, it is an admitted fact that the petitioner was asked to do double duty, that is, two shifts on a continuous basis, 16 hours a day. This is said to have gone on for 60 continuous days.

Referring to Article 24 of the Universal Declaration of Human Rights, provides that everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

The bench said “The covenants in the International Labour Organization to which the Nation is a part, recognizes the work and life balance. The hours of work should not exceed 48 hours in a week and 8 hours in a day, except in exceptional circumstances, is what is indicated.”

Following this it held “Employees in any organization much less, who are working on shifts must have work and life balance. Therefore, no fault can be found with the petitioner sleeping in duty hours, in the peculiar facts of the case.”

It added “If the petitioner has slept while on duty, when his duty was restricted to a single shift, it would undoubtedly become a misconduct.”

Allowing the petition it said “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.”

Appearance: Advocates Ravi Hegde, Vinay Kumar Bhat for Petitioner.

Advocate Prashant S Hosamani for Respondent

Citation No: 2025 LiveLaw (Kar) 76

Case Title: Chandrashekhar AND The Divisional Controller.

Case No: WRIT PETITION NO. 106142 OF 2024

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