TBC VULMAWIA Vs. STATE OF MIZORAM & OTHERS

JUDGEMENT

(1.) By this application under Art. 226 of the Constitution of India the petitioner who was serving as a Bus Conductor in the Directorate of Supply and Transport, Mizoram challenges the order dated 12.12.86 by which he was terminated from the service.

(2.) The petitioner joined the service on 29.6.84. According to the petitioner, on 25.10.86 while on duty in the Mizoram State Transport Bus between Maubuang to Aizawl, one Sri P.C. Lalmawia, Assistant Research Officer/Line Checker stopped the bus and charged the petitioner for carrying passengers without ticket. On the basis of a report of the said Sri P.C. Lalmawia, the Director of Supply and Transport by order dated 12.12.86 (Annexure III) terminated him 51 from the service under sub-rule (i) of Rule 5 of the Central Civil Service (Temporary Service) Rules, 1965. The petitioner made a representation (Annexure IV) against the said order of termination but the same has not been decided as yet. Now, the petitioner contends that his termination order was issued without any enquiry as contemplated under Art. 311 (2) of the Constitution of India and thus, prays for quashing the said order of termination and for back wages.

(3.) According to the respondent Government, on the basis of the report (Annexure A) for carrying ticket-less passengers, a preliminary enquiry was a conducted and as per report (Annexure B) of the Enquiry Officer it was found that the petitioner collected money from the passengers and also this practise was repeated time and again for which he was warned two times for carrying ticket-less passengers and for misappropriating the money he had collected from the passengers and the petitioner being in temporary service, he was terminated under Rule 5 (i) of the Central Civil Services (Temporary Service) Rules, 1965. Thus, Art. 311 (2) is not attracted as it was a case of termination simplicities.