(1.) PETITIONER was employed as Advance Booking Conductor with first respondent -D.T.C. and was charged with possessing tickets, which were not entered in Way Bill, and was also found to be in possession of excess cash of Rs. 58/ - and also for causing financial loss to first respondent. In the departmental inquiry, petitioner was held guilty and after issuance of show -cause notice to petitioner and upon obtaining his reply, the penalty of dismissal from service was inflicted upon petitioner. The dismissal order of 14th April, 1988 was challenged by petitioner and the Reference sought was as under: -
(2.) TRIAL court vide impugned order of 24th December, 1999 has answered the Reference in favour of respondent -Management and vide order of 4th September, 2001, the penalty of dismissal from service has been affirmed.
(3.) AT the hearing, learned counsel for petitioner had drawn the attention of this Court to the judgment of 16th February, 2000 whereby petitioner has been acquitted in the criminal case. Attention of this Court was also drawn to the charge -sheet (Annexure P -2) served upon petitioner on 15th October, 1997 in departmental proceedings to submit that once petitioner has been acquitted in the criminal case, then the dismissal of petitioner consequent upon departmental inquiry was unjustified. Attention of this Court was also drawn to the conclusion arrived at by the Inquiry Officer. It was submitted that the Inquiry Officer was of the opinion that pending decision of the criminal case, the question of infliction of penalty deserves to be kept in abeyance.