LAWS(P&H)-2010-3-149

KASHMIRA SINGH Vs. PUNJAB STATE

Decided On March 16, 2010
KASHMIRA SINGH Appellant
V/S
PUNJAB STATE Respondents

JUDGEMENT

(1.) APPELLANT was employed as a Conductor with Punjab Roadways, Tarn Taran. His services were terminated on 23.4.1982 by General Manager, Punjab Roadways, Tarn Taran.

(2.) THE facts can not be clearly discerned from the impugned judgments. A perusal of the record, however, would show that he was charge sheeted through memo dated 10.4.1981. Earlier, he was placed under suspension on 8.4.1981. The allegation against the appellant was made on the basis of report given by Krishan Lal, Inspector, who had checked the bus being conducted by the appellant on 27.3.1981. The bus was enroute from Chandigarh to Tarn Taran via Amritsar and was checked at Samrala. As per the report, the appellant had not issued four tickets from Chandigarh to Amritsar against the police vouchers. It is mentioned in the report that Inspector had checked the vouchers from police men, which had not been checked and would have led to a fraud of Rs.75/ - from the Government revenue. It is on the basis of this report given on 28.3.1981 that the appellant was placed under suspension and charge sheeted. In the memo of charges, the allegations made against the appellant was on the basis of a report that he had not issued tickets to the police persons against the vouchers and, thus, an attempt was made to defraud the Government of Rs.75/ -. No allegation of any negligence on the part of appellant was made.

(3.) THE Punishing Authority agreed with the finding returned by the Enquiry Officer and directed that show cause notice be issued to the appellant for termination. A show cause notice was accordingly issued and thereafter the impugned order terminating the services of the appellant was passed. The appellant had accordingly filed the civil suit, challenging the said order. The suit filed by the appellant was dismissed against which he filed an appeal, which was also dismissed and he accordingly had filed the present Regular Second Appeal.