H.R.T.C. Vs. PYARE LAL

JUDGEMENT

(1.) Himachal Road Transport Corporation (for short H.R.T.C.) and its Managing Director have filed this petition under Articles 226/227 of the Constitution of India against the order dated 6.11.1998 of the State Administrative Tribunal by which O.A. No. 2322/95 filed by respondent No. l -Pyare Lai was allowed and the order of his removal from service was quashed and set aside with further direction to re -instate respondent No. l with full back wages and other consequential benefits.

(2.) Pyare Lal -respondent No. 1 was employed as daily wage Conductor on September 1, 1981 by the H.R.T.C. He was regularized on June 1, 1982. On 4.2.1986 respondent No. 1 was the Conductor on duty with Bus No. HPA -830 on the Majholi -Solan route. The said bus was going from Jubbar to Solan. In all 48 passengers were travelling in the bus out of whom 41 passengers were travelling without tickets and seven passengers were the pass holders. The bus was checked by Flying Squad consisting of Shri Chaman Lai Inspector and Shri Hari Singh Inspector. On checking, the Flying Squad detected that respondent No. 1 had not issued tickets to 41 passengers nor collected the bus fare from them thereby defrauded the petitioner -Corporation of its legitimate revenue.

(3.) The petitioner -Corporation started departmental proceedings against respondent No. 1. Manager (Inquiry), H.R.T.C., Shimla Division was appointed as Inquiry Officer. The Inquiry Officer charge sheeted respondent No. 1 under Rule 14 of CCS (CCA) Rules, 1965 on the following two charges: CHARGE NO. I Alleged attempt to defraud the Corporation of its legitimate revenue by way of carrying passengers without tickets in H.R.T.C. Bus No. HPS 830 dated 4.2.1986. CHARGE NO. II