H.R.T.C. Vs. MADAN LAL

JUDGEMENT

(1.) Petitioners have challenged the decision of the Himachal Pradesh State Administrative Tribunal, dated 11th Nov., 2001 in O.A. No. 140 of 2001 on a number of grounds.

(2.) Admitted facts of this case are that Respondent was working as a conductor in H.R.T.C, i.e. Petitioner No. 1 under Petitioner No.2 at the relevant point of time. Certain alleged acts of misconduct were committed by him therefore, action was taken against him because he admitted such misconduct. On the basis of such admission, minor punishment was imposed on the Petitioner. However, Appellate Authority since intended to enhance the minor punishment to major one i.e. removal from service, show cause notice was issued to him on 23.4.1997. Thereafter vide order dated 12.9.1997 order of removal of the Petitioner from service was passed. Since no inquiry was admittedly conducted at any stage of the case, therefore, Petitioner challenged the said order before the H.P. State Administrative Tribunal, in O.A. No. 1811 of 1997 on 13th Nov., 1997. This application was allowed and order of removal was set aside. Respondents were left free to conduct inquiry under the rules in case they consider it.

(3.) Thereafter inquiry was conducted by the Petitioners against the Respondent on the following charges, after having served charge sheet on him: