RAGHBIR SINGH Vs. PUNJAB STATE AND ANR

JUDGEMENT

(1.) Raghbir Singh has filed this appeal before this Court being aggrieved against the judgement and decree passed by the Trial Court as well as by the first Appellate Court.

(2.) Raghbir Singh was working as a Conductor in Punjab Roadways, Pathankot. His services were terminated on 7.7.1983. He filed an appeal against the same, which was dismissed on 14.11.1983. The appellant accordingly filed a suit for challenging the order of his dismissal and against the order dismissing his departmental appeal.

(3.) The appellant was appointed as Conductor on 6.6.1981 and worked till the time he was removed from service on 7.7.1983, as already noticed. The record would show that the bus being conducted by the appellant was checked by Tarsem Lal, Chief Inspector and Tarlochan Singh, Inspector, who appeared to make statement before the Enquiry Officer to the effect that the bus was checked on 13.8.1982, when they found four persons travelling from Pathankot to Jugial without tickets from whom the appellant, had charged 95 Paise per passenger but had not issued them tickets. One passenger was found without ticket who was travelling from Adh Khui to Jugial. The appellant had charged 40 paise as fare from this passenger but had not issued him a ticket. Unpunched tickets of equal amount were obtained from the appellant-Conductor. The Conductor, at that time, had allegedly excited the passengers to quarrel and had tried to take back the unpunched tickets from them. This statement given by Tarsem Lal, Chief Inspector, was corroborated by Tarlochan Singh, Inspector. Accordingly, the order of termination was passed on the basis of this enquiry so held.