PREETAM PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioner is a bus conductor in the U. P. State Road Transport Corporation. For an incident alleged to have taken place on 25.10.1989, an enquiry was conducted by the respondent-Corporation. The enquiry report was submitted on 29.12.1999, which was after a gap of more than ten years. The petitioner had been exonerated of all the charges levelled against him. However, nearly two years thereafter, on 27.4.2001 the Regional Manager of the Corporation ordered for re-enquiry in regard to the same incident which had taken place on 25.10.1989. In the second enquiry report, certain charges were found to be partly proved against the petitioner and on the basis of the same, by an order dated 26.2.2002 passed by the Regional Manager of the Corporation, the petitioner was removed from service. Against the said order the petitioner filed an appeal before the respondent No. 2 which has been partly allowed. The order removing the petitioner from the service has been withdrawn and instead, two annual increments of the petitioner have been withheld with a further direction that the petitioner would not be entitled for payment of his salary for the period during which he remained out of service. It is against this order that the present writ petition has been filed by the petitioner.

(2.) I have heard Sri Harish Chandra Dwivedi, learned counsel for the petitioner and Sri Ajai Singh, learned counsel appearing on behalf of the respondent-Corporation and perused the record.