SEWA RAM Vs. D T C

JUDGEMENT

(1.) In this appeal, which is filed by the appellant against the order dated 28th September, 2004, dismissing the writ petition filed by the appellant, the issue that arises for our consideration is whether the order passed by the respondent corporation against the appellant, terminating his service should be interfered with.

(2.) A departmental inquiry was instituted against the appellant on the allegation that on 25th June, 1993 while working as a conductor in a bus, he did not issue tickets despite collecting fare from two passengers, which fact was discovered by the checking staff when they routinely intercepted the bus in which the appellant was the conductor.

(3.) It was alleged in the memorandum of charge that the checking staff confronted the appellant with the situation and at that stage he handed over to unpunched tickets for the requisite denomination after which the checking staff recorded the statements of the passengers on a challan but the appellant/workman refused to countersign the same. With the aforesaid allegations, a report was submitted by the checking staff, in terms of which a charge sheet was issued to the appellant on the ground of commission of misconducts within the meaning of paragraph 19(b) and (h) of the Standing Orders governing the conduct of employees of the respondent corporation.