OM PRAKASH OJHA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition is directed against a termination order dated 30.6.1986 as upheld by the appellate order dated 16.4.1991.

(2.) This case was taken up on several occasions but none appeared on behalf of the respondent Corporation. On the request of the court Sri Sameer Sharma, who though normally appears for the Corporation but had not been instructed in this case, was asked by the court to assist it. The court expresses its gratitude for his appearance herein.

(3.) The petitioner was a conductor in the U.P. State Road Transport Corporation and while he was conducting a bus from Agra to Delhi having obtained the waybill from Idgah Depot, Agra, a checking party of the Corporation intercepted the bus on 30.9.1984 at 10.40 A.M. It found that some passengers were traveling without tickets and fake tickets were also being used by the petitioner and as such he was removed from service vide order dated 1.10.1984 and four specific charges were framed against him. After due enquiry, he was suspended vide order dated 30.6.1986. Simultaneously, a criminal case was also lodged against him, wherein he was acquitted by order and judgment dated 29.6.1990. He filed a representation in the nature of an appeal before the next higher authority which remained undecided, thus, he filed the present writ petition challenging the termination order. During the pendency of the writ petition, the representation of the petitioner was also rejected by order dated 16.4.1991 which has been challenged through an amendment.