H SRINIVAS REDDY Vs. MANAGEMENT OF BMTC BANGALORE

JUDGEMENT

(1.) THE petitioner, a conductor while conducting the bus belonging to the respondent-Corporation on 5. 11. 1995, on route attiguppe to City market, the checking officials intercepted the bus and on checking, found the following irregularities: 1. Non issue of tickets after collection of fare of Rs. 1. 25 ps. from each of eight passengers;

(2.) NEITHER issued nor collected the fare of Rs. 1. 25 from 12 passengers;

(3.) NOT recording the entries in the way bill in respect of tickets of Rs. 1. 25 denomination, leading to failure to credit to the account of the corporation the sale of 62 tickets. 2. The checking officials, in the presence of the petitioner secured the statement of the passengers alleged to have paid fares to the petitioner, to which the petitioner affixed his. signature. The checking officials recorded the irregularities in an offence memo acknowledged by the petitioner, to which the petitioner did not submit a reply. The Disciplinary Authority on the basis of the report submitted by the checking officials, being of the opinion that there were grounds to enquire into the truth of irregularities, issued an article of charge to which the petitioner submitted an explanation ex. M-16, inter alia, contending that 8 passengers lost the tickets either when the driver of the bus applied the brake or when the children of the said passengers were playing. With regard to the charge of not crediting the fare amount from the sale of 62 tickets of Rs. 1. 25 denomination to the account of the corporation, by making entries in the way bill, it was contended that when the driver applied the brake, tickets of 1. 25 denomination fell down and the petitioner was unable to secure the same thereafter. With regard to the charge of non issue of tickets and non collection of fare from 12 passengers, it was contended that the said 12 passengers were coolies headed by a supervisor purchased the tickets and having held them in his custody alighted from the bus along with tickets before the bus was checked.