HOTI LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present petition is directed against the order dated 30th March, 1991 whereby the petitioner was removed from service.

(2.) The petitioner was appointed as a Bus-Conductor on 1st June, 1976. On 9th July, 1988 he was on duty and was proceeding from Fatehpur to Etawah on Bus No. UGG 108. The Bus in question was checked by the Assistant Regional Manager, U.P. S.R.T.C. and 16 passengers were found without ticket. The petitioner was suspended from service. Chargesheet was served on 16th August, 1988. Reply was submitted on 22nd October, 1988. The suspension was revoked on 24th October, 1988. On 30th March, 1991 the petitioner was removed from service. The appeal filed against the said order of removal was dismissed on 23rd June, 1991.

(3.) The petitioner claims that 16 passengers which were found to be without ticket, caused a loss of Rs. 167- only as the fare from Bindki to Khajuha was only Rs. 1/- per head. Thus, the petitioner claimed that the punishment of removal was not commensurate with the misconduct. The petitioner denied that any forged tickets were recovered from his possession. It is also alleged that the Enquiry Officer did not record the statement of any of the 16 passengers found without ticket and had given wrong total. The enquiry according to the petitioner was not legally held and, therefore, the petitioner is entitled to reinstatement in the service.