AMARJIT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This appeal has been filed against the judgment of the learned Lower Appellate Court allowing the appeal of the respondents and thereby dismissing the suit of the appellant for declaration that the order dated 14.10.1988 terminating his services be quashed.

(2.) The brief facts are that the appellant was appointed as a Conductor. On 16.02.1987 he was doing his duty on a bus from Nangal to Faridkot. When it reached Bagha Purana a checking team entered the bus and found that 23 passengers did not have tickets while they had paid an amount of Rs. 2.50 each to the appellant. The stand of the appellant was that at Moga about 30 passengers having blue turbans climbed on top of the bus and started raising Pro-Khalistan slogans and when he asked them to purchase tickets, they refused. Dissatisfied with his reply, a regular inquiry was ordered. In the regular inquiry two inspectors stuck to their stand. The appellant produced one Mal Singh who stated that he was a passenger on that bus and corroborated the story of the appellant. The investigating officer believed the testimony of the official witnesses and disregarded the testimony of appellant and Mal Singh on the ground that it was not shown as to how Mal Singh came into contact with the appellant.

(3.) The Punishing Authority prima facie agreeing with the report of the investigating officer issued show cause notice to the appellant and after considering his reply imposed the punishment of dismissal. The Appellate Authority also concurred and it was thereafter that the instant suit was filed by the appellant.