STATE OF PUNJAB Vs. BAWA RAM

JUDGEMENT

(1.) This Judgment shall dispose of regular Second Appeal Nos. 2229 and 2230 of 1990 as both these appeals arise out of the common judgment and decree dated 7.6.1990 passed by the District Judge, Gurdaspur.

(2.) Plaintiff filed a suit for declaration to the effect that the order dated 28.9.1995 passed by the General Manager, Punjab Roadways, Batala, removing him service as Conductor as well as forfeiting his balance pay is illegal, null and void, arbitrary and against the principles of natural justice and service rules. Similarly, the order of the appellate authority dated 26.2.1986 as well as the second appellate authority Director Transport, Chandigarh, dated 4.4.1986 too suffers from the same infirmity and thus liable to be quashed on identical ground.

(3.) As per case of the defendants, the plaintiff who is a conductor in the Punjab Roadways was found to have not issued tickets to three passengers who were travelling from Gurdaspur to Magar Mudian but had received 50 paise each from them. Similarly, plaintiff is alleged to have not issued tickets to 8 passenger who were travelling from Gurdaspur to Dorangla. In respect of the aforesaid charges, an inquiry was initiated ultimately leading to the passing of the order of dismissal from service and forfeiture of his balance pay which the plaintiff challenged before the Civil Court.