AMTHABHAI KALUBHAI MAYAVANSHI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed under Clause 15 of the Letters Patent, challenging judgment of the learned Single Judge dated 25.8.2010 passed in Special Civil Application No.5232 of 2009, by which the learned Single Judge has dismissed the writ petition and affirmed the award dated 10.7.2008, passed by the Presiding Officer, Labour Court, Godhra in Reference (LCG) No.346 of 1995.

(2.) SINCE the facts are not disputed, the learned counsel for the parties agree that this matter may be finally disposed of at the admission stage itself. With the consent of the learned counsel for the parties, we have taken up this Appeal for final disposal.

(3.) THIS second show cause notice was replied by the appellant on 27.6.1994, wherein the appellant stated that so far as issuing tickets to the group of five passengers was concerned, he had taken the tickets back to refund the excess amount. He further stated that because the bus was overloaded, he could not issue tickets to 19+2 passengers and excess amount of Rs.13.25 ps. which was found from his cash bag, was required to be refunded to the passengers. It was stated by the appellant that five tickets issued to the group of five passengers were taken back by him for the purpose of returning the excess amount. The statement given by passenger Shri Kanaiyalal C. Patel was signed by the Checking Squad and by the appellant. The appellant had also given statement in his own handwriting and stated that such a mistake will be not repeated. However, the statement of the appellant was not accepted by the Inquiry Officer that he was doing road booking. The statement of the driver was also recorded, which was signed by the appellant that by ringing the bell, he instructed the driver to start the bus. The excess cash, which was found in the cash bag of the appellant conductor was not mentioned in the charge-sheet. However, the disciplinary authority dismissed the appellant from service by order dated 8.7.1994.