MADAN PD. SINGH Vs. STATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF TRANSPORT AND CIVIL AVIATION, RANCHI

JUDGEMENT

(1.) By way of present petition, the petitioner, under Article 226 of the Constitution of India, is assailing order dated 31st August 2004, whereby petitioner was dismissed from the services. Brief fact of the present case is that petitioner was posted as Time Keeper. On 20th April 1988 at Littipada, District-Pakur, Central Flying Squad checked the Bus No. BRL 7627 on Dumka-Pakur route, wherein eight passengers were found without ticket. A charge sheet was issued to the petitioner saying it seems that petitioner, with the collusion of the bus conductor, had allowed the passengers to travel without ticket. After the departmental enquiry, charge against the petitioner was found to be proved and ultimately impugned order was passed dismissing the petitioner from the services.

(2.) Mr. Delip Jerath, Learned Counsel for the petitioner has vehemently argued that when bus was checked by the- flying squad it was enroute Dumka-Pakur and conductor was also boarded in the bus. He has further argued that it was the duty of the conductor to issue tickets to the passengers within two kilometers from the place passengers have boarded the bus. He has further argued that time keeper posted at the Bus stand cannot be said to be guilty for non issuance of the tickets by the conductor in the moving bus.

(3.) Mr. Sunil Singh, Learned Counsel appearing for the Respondents has vehemently argued that it was primary duty of the petitioner to issue ticket from the ticket window before the departure of the bus. Therefore, it cannot be said that it was only the duty of the conductor to issue rickets to the passengers.