TULSI DEVI Vs. H.R.T.C.

JUDGEMENT

(1.) The present writ petition has been filed with prayer to quash the dismissal order dated 27.7.1992 of writ petitioner from service, order dated 4.11.1992 (Annexure P-7) rejecting his appeal and order dated 24.6.1997 dismissing the O.A. No. 1484/1992 of writ petitioner by the H.P. State Administrative Tribunal.

(2.) The petition was adjudicated and Original Application No. 1484 of 1992 was dismissed by Learned Tribunal vide impugned order dated 24.6.1997.

(3.) In order to adjudicate the present writ petition it is necessary to give the factual background of the case. The writ petitioner was employed as Conductor in Himachal Pradesh Road Transport Corporation (in short HPRTC), Pathankot on 17.6.1982, thereafter he was transferred to HPRTC, Hamirpur, where he joined on 4.9.1986. On 12.1.1990, when he was coming with HRTC Bus No. HP-22-0541 from Haridwar to Hamirpur, the bus was checked by the Flying Squad of HPRTC at a place known as Bhota, when out of 15 passengers travelling therein, the said bus, 4 passengers were found without tickets from Una to Hamirpur. Enquiries revealed that the writ petitioner had charged bus fare amounting Rs. 68/- from them but for that he did not issue tickets, as such, had allegedly mis-appropriated the revenue. The writ petitioner was dealt with departmentally and was held guilty of the chajges. A copy of the enquiry report supplied to him by registered communication No. HRTC-HMR-Estt/Vig.92-2818 dated 20.6.1992 (Annexure-P/3 to the writ petition), which was duly served to him vide acknowledgement (Annexure-R/1). The reply to the said show cause notice was also submitted by him vide Annexure-P/4 to the writ petition stating that the enquiry report was defective. The enquiry report sent to the writ petitioner vide Annexure P/3 had also been shown as Annexure P/2 to the writ petition.