NAIN SUKH Vs. HRTC AND ORS.

JUDGEMENT

(1.) THE instant Letters Patent Appeal has been preferred before this Court by the appellant against the judgment of the learned Single judge of this Court whereby the reliefs ventilated therein, of the impugned orders comprised in Annexures A -2, A -3 and A -4 being quashed and set aside were declined to the appellant.

(2.) THE facts necessary for deciding the instant appeal are of the appellant having been engaged as a conductor by the respondents. He was deployed in the aforesaid capacity in bus No. HP -10 -0358 plying from Rohru to Reckongpeo. On 23.11.1998 the bus came to be inspected near Samarkot by Shri Krishan Chand and Darshan Chand, Inspectors. During the course of its inspection by the aforesaid it was found carrying 58 1/2 passengers besides 600 kg load. Their inspection of the bus unearthed the factum of four passengers travelling without tickets from Rohroo to Samarkot from whom though a fare in the sum of Rs. 36 stood collected by the appellant, yet the appellant having not issued tickets to them. The inspection party also recovered unpunched tickets from the bag of the appellant. The detection by the inspection party of commission of the aforesaid misdemeanor/misconduct by the appellant sequelled the serving of articles of charges upon him comprised in Annexure A -1.

(3.) THE Inquiry Officer during the course of holding an inquiry against the appellant in proof of the articles of charges comprised in Annexure A -1, recorded the statements of Shri Krishan Chand, Inspector who appeared as PW -1 and Satish Kumar, who appeared as DW -1. The Inquiry Officer on appraising the testimony of PW -1, who deposed in tandem with as also in corroboration to the imputations of misconduct levelled against the appellant comprised in Annexure A -1, construed his testimony to be both credible as well as inspiring. However, the testimony of Satish Kumar (DW -1) who deposed, that he along with Savir Dass, Banvir Singh and Bhag Singh were travelling in the aforesaid bus and all had been issued tickets by the appellant yet the same remained in the custody of one of them, who had earlier alighted therefrom at a distance preceding 200 meters to the bus having been subjected to inspection, was disbelieved by the Inquiry officer especially when the unpunched tickets continued to be retained in the bag of the appellant wherefrom they were collected by the Inspectors aforesaid. In sequel, the Inquiry officer concluded that the imputations levelled against the appellant herein comprised in Annexure A -1 stood established.