SANGRAM PANDHARINATH JAIBHAI Vs. MAHARASHTRA STATE ROAD TRANSPORT

JUDGEMENT

(1.) This Writ Petition is filed by an employee who was previously working with the respondents as a Conductor and whose dismissal after domestic enquiry was upheld by the Member, Industrial Court, Jalna in Revision Petition No. 55 of 1994 decided on 15.11.1994. The learned Member, Industrial Court thereby reversed the judgment and order passed by the Judge, Labour Court, Aurangabad in Complaint (U.L.P.) No. 191 of 1988 decided on 21.07.1990.

(2.) Some of the facts giving rise to this petition are admitted and so may be stated at the outset. The petitioner was appointed as a Conductor with respondents in about 1979. He continued to work till 12.12.1986. On 12.12.1986 the petitioner was on duty as a Conductor on Latur - Kinwat bus. At about 19=00 Hrs. at Dabhada Phata in between Nanded and Latur, the bus was checked by the Checking Squad. It was found that four passengers in two groups, who were travelling from Nanded to Kinwat were having tickets of Rs.17=50 per passenger. However, the tickets of Rs.14/-denomination issued to each of them was found to have been already used. In other words the petitioner is said to have re-issued already issued tickets. It is also found that two passengers who were to travel between Nanded to Barad were issued tickets of Rs.2=40 denomination each and they were also already used tickets. Thus, it is stated that the petitioner tried to pocket money by re-issuing already used tickets.

(3.) After checking and recording statements of some of the passengers and also of the petitioner, report was given. Charge-sheet was served on the petitioner under clauses 12-b, 22, 33 and 35-b of Schedule "A" of Discipline and Appeal Rules. They include misappropriation of funds, fraud, dishonesty and not following the circulars and rules etc. The petitioner replied the charge-sheet. The enquiry was held. In the enquiry only a person from Checking Squad was examined. Thereafter, show cause notice was issued to the petitioner why his services should not be terminated. The petitioner gave reply. Thereafter, the order of dismissal was passed on 17.03.1987.