(1.) Shri Lekh Ram, Petitioner was working as a conductor in the Transport Department of the Himachal Pradesh Government. On 30-4-1968 he was detailed on duty on Bus No. HIM 3538 on the Laungani-Simla route. The bus was checked on the way by Shri Lal Chand, Checker, of the Himachal Pradesh Government Transport near Salgwahan about two k.m. from Jahu. He found six passengers travelling without ticket against ticket No. 734057 amounting to Rs. 70.80 paise which ticket was issued after the check had been done by the Checker.
(2.) The Petitioner was charge-sheeted and his explanation was called. Subsequent to that an Inquiry Officer, Shri M.L. Sood, was appointed vide Annexure H, dated 17th December, 1968, to probe into the matter. But, subsequently, it appears that vide Annexure I, dated 24th December, 1969, the General Manager remitted the case of disciplinary proceedings against Shri Lekh Ram for holding enquiry into the allegations de novo according to the provisions of Rule 14, and he appointed Shri Jagmohan Lal Superintendent as a Presenting Officer to present the case on behalf of the department. After the enquiry, etc. was concluded the penalty of removal from service was proposed and a show cause notice was given to the delinquent. He filed his representation but the same was also not found satisfactory and as such a penalty of removal from service was imposed on the delinquent with effect from the date of service of the order, dated 24th June, 1971. He had, therefore, challenged this order of removal from service by this writ petition.
(3.) The writ petition was filed in August, 1971 and was admitted on 8th November, 1971. Thereafter the case was not put up before the Court for hearing till 13th April, 1978, Shri O.P. Sharma, who had appeared for the Petitioner had filed an application, OMP 583/78, for substitution of the Commissioner Transport, Himachal Pradesh, Simla, by the Himachal Pradesh Road Transport Corporation, Simla, because by that time the Himachal Pradesh Government Transport had ceased to exist and a Corporation had been established. That application was not opposed by Shri D.K. Khanna, who is the standing counsel for the transport Corporation. The Corporation, was, therefore, substituted in place of the Commissioner Transport, Himachal Pradesh, Simla.