S. B. Sinha, J. - (1.) Leave granted.
(2.) Respondent was working with the appellant Corporation constituted under the Road Transport Corporation Act as a conductor. He was discharging his duties in the said capacity in the bus bearing registration No. UP-07B/2932 plying on Dehradun Bhukki route. The said bus was checked by an inspection team. 35 passengers were travelling in the said bus without any travelling ticket although the respondent allegedly had realised fare from them. He obstructed in the checking process by threatening and abusing the authorities. He even did not permit them to make any entry in the way bill. A report in regard to his misconduct was submitted whereupon a charge-sheet was issued on 4.04.1996. One Shri T.K. Vishen, Assistant Regional Manager, Dehradun was appointed as the Enquiry Officer. The Enquiry Officer was transferred and in his place one Shri R.K. Gupta prepared the Enquiry Report. The charges of misconduct stood proved against him in the departmental proceedings. Upon issuance of a second show cause notice and upon consideration of the cause shown by him, the appointing authority came to the opinion that it will not be in the interest of the Corporation to keep the respondent in service. He was, therefore, removed from service by an order dated 7.11.1997. A departmental appeal preferred by the respondent thereagainst was also dismissed. He thereafter raised an industrial dispute.
(3.) The Labour Court inter alia held that the finding of guilt arrived at against the respondent in the departmental proceeding was perverse. It was further found that the Enquiry Officer Shri T.K. Vishen having been transferred, Shri R.K. Gupta could not have submitted the Enquiry Report. The Labour Court, therefore, directed reinstatement of the respondent with full back wages. A writ application questioning the correctness of the said award was filed by the appellant herein wherein a learned Single Judge of the Uttaranchal High Court held : "6. I am not in full agreement with the findings recorded by the learned Tribunal. The Tribunal ought not to have recorded the finding that there is no evidence of record regarding the critical behaviour against the officials. Shri Damodar Kala, the eye-witness produced by the employers, who stated on oath that at the time of checking, some wrangling between the workman and the officials were going on. The Respondent No. 3 had himself completed/ forged the details on the way bill. Therefore, I find that there was some bad intention on the part of Respondent No. 3. The critical behaviour of Respondent No. 3 was also proved against the officials. 7. Therefore, in my opinion, in view of the facts and circumstances of the case, I find some fault in the behaviour of the Respondent No. 3. The critical behaviour of Respondent No. 3 against the officials is shocking one. Therefore, it is provided that Respondent No. 2 shall be reinstated in service with stoppage of two increments with cumulative effect. However, he shall not be entitled for any back wages. 8. The writ petition is partly allowed. The Respondent No.2/ Workman shall be reinstated in service with stoppage of two increments with cumulative effect. However, it is made clear that he will not be entitled for any back wages." ;