MOTI LAL Vs. STATE OF U P

JUDGEMENT

(1.) ACCORDING to the al legations against the appellant when the bus was checked it was found that 16 ticket less passengers were travelled and forged ticket were also recovered from his possession. A departmental enquiry was held and the appellant was ordered to removal from the service.

(2.) BEING aggrieved against the order of removal from the service, the appellant preferred a writ petition. The writ petition was dismissed by Hon'ble the Single Judge of this Court on 28-9-1999. BEING ag grieved by the said order the present spe cial appeal has been filed.

(3.) IN the instant case the petitioner was found to be carrying ticket less pas sengers and certain old and used tickets were recovered from his possession but it was asserted before the learned Hon'ble the Single Judge that after issuing of the charge-sheet no oral enquiry proceeded and the petitioner was punished. It was submitted that the punishment is too severe and harsh in proportion to the al leged misconduct in which the State suf fered only a loss of Rs. 16.