MANAGING DIRECTOR Vs. SHYAM SINGH

JUDGEMENT

(1.) The respondent-Shyam Singh was inducted into the service of the Uttar Pradesh State Road Transport Corporation as a Conductor. On 28.12.2000, whilst he was on duty on a bus, bearing Registration No. UP- 06-5341 plying from Delhi to Kotdwar, the bus was subjected to checking by the inspecting staff. Some of the passengers were found to be travelling without tickets. Based on the report submitted by the inspecting staff, the respondent was placed under suspension vide an order dated 20.02.2001. The aforesaid order was passed by the Regional Manager of the Uttar Pradesh State Road Transport Corporation. On 14.03.2001 a charge sheet was issued to the respondent. On the culmination of the departmental inquiry held, the Inquiry Officer found the respondent not guilty of the allegations leveled against him. The inquiry report was, however, not accepted by the appointing/punishing authority, i.e. the Regional Manager, Uttar Pradesh State Road Transport Corporation. Accordingly, a show-cause notice was issued to the respondent, proposing the punishment of dismissal from service. The aforesaid show-cause notice dated 06.08.2001 was responded to by the respondent vide his reply dated 15.08.2001. The Regional Manager, i.e. the punishing / appointing authority of the respondent by an order dated 03.01.2002 inflicted the punishment of reversion of the respondent to his initial pay scale for a period of three years.

(2.) The respondent preferred an appeal, so as to impugn the order dated 03.01.2002 passed by the Regional Manager. The aforesaid appeal was decided by the Managing Director of the Uttarakhand Transport Corporation, on account of the fact that the Uttar Pradesh State Road Transport Corporation by that time had been bifurcated, whereupon the Uttarakhand Transport Corporation was created and the respondent was allocated to the said Corporation. The Managing Director, acting as the Appellate Authority, by an order dated 08.10.2007, enhanced the punishment inflicted upon the respondent to that of dismissal from service.

(3.) The order dated 08.10.2007 was assailed by the respondent herein by preferring Writ Petition (S/S) No. 1606 of 2007. During the course of the hearing of the aforesaid writ petition, two primary submissions were advanced by the learned counsel for the respondent, firstly, that the Managing Director of the Uttarakhand Transport Corporation was not the competent authority to adjudicate upon the appeal preferred by the respondent. Secondly, it was contended that in terms of the provisions of the Regulations governing the conditions of service of the respondent, the Appellate Authority could not have enhanced the punishment imposed on the respondent by the appointing/punishing authority.