FAQIR SINGH, CONDUCTOR Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) Briefly stated the facts of this case are that petitioner Faqir Singh was employed as a conductor with Punjab Roadways, Ludhiana, since 1975. On 23.3.1981, when he was on duty on bus No. 6326, route No. 22, from Ludhiana to Delhi, a party of the checking staff checking the bus and found that he had not correctly punched some tickets. The checking staff was also told by the passengers that the conductor had received fare from nine passengers at the rate of Rs. 1.75 per passenger but had not issued tickets. On the basis of this, the conductor was suspended and a regular departmental enquiry was conducted. The enquiry officer exonerated the petitioner from the charge and in the concluding para of his report held as under :-

(2.) I have heard the learned counsel for the parties at length.

(3.) Mr. J.C. Verma, Senior Advocate, learned counsel for the petitioner has argued that once the disciplinary authority disagreed with the report of the Enquiry Officer it was incumbent upon him to give reasons for not accepting the report of the Enquiry Officer. The Enquiry Officer in his report had completely exonerated the petitioner on the ground that at the time when the checking staff reached the bus, it was overloaded and in haste there is a possibility of wrong punching of the tickets. So far as the charge regarding embezzlement of Rs. 15.75 is concerned, there was no intention on the part of the Conductor to embezzle the said amount because it happened at a time when the bus was heavily overloaded and possibly the Conductor could not issue the tickets to the passengers.