S.S. Chauhan, J. - (1.) THE petitioner through this petition has challenged the order of removal dated 24.2.1984 as well as the order dated 18.6.1987.
(2.) THE facts in brief are that petitioner was initially appointed in the U.P. State Roadways Corporation on 3.8.1976 as Conductor at District Basti and thereafter he was transferred to Gonda depot. On 30.9.1983 when the petitioner was conducting the Bus No. UPX -8036 on Balrampur -Bahraich route it was stopped near Dharsava by about 20 stranded passengers, who boarded the bus and informed the petitioner that the bus in which they were travelling after leaving the Bus Station developed a snag and they are in a hurry to go to Bahraich and since seats were available in the petitioner's bus, he has allowed them to continue their journey, but the passengers insisted that the bus be not stopped for purposes of issuing tickets and the bus, which was delayed because of forcible stoppage enroute, was allowed to continue journey and the petitioner started counting the passengers for purposes of issuing tickets, but before counting could be made the bus was signaled to stop for the purpose of checking by Sri R.S. Srivastava, Traffic superintendent and members of his squad. Upon signal the bus was stopped and it was checked by the checking squad in which it was found that 20 passengers were found without ticket. The petitioner informed the checking squad that 20 passengers have boarded the bus only some distance back and, therefore, tickets could not be issued as their number was being counted by the petitioner. Upon these allegations, a charge sheet was issued to the petitioner on 3.10.1983 to which he submitted his reply on 12.11.1983. After submission of charge sheet the enquiry officer fixed the date for holding oral enquiry as 24.1.1984, but on that date the checking squad could not appear and hence 14.2.1984 was fixed as the next date. On 14.2.1984 the statements of the petitioner as well as members of the checking squad were recorded separately. After considering the entire material the removal order was passed on 24.2.1984. The aforesaid order was challenged by means of Writ Petition No. 4418 (SS) of 1993. In the said writ petition a preliminary objection was raised in regard to maintainability of the joint writ petition and the said writ petition was got withdrawn with liberty to file a fresh petition. Hence this petition. Submission of learned Counsel for the petitioner is that charge against the petitioner has not been proved during the course of enquiry and there is no evidence on record to prove the charge of carrying ticket -less passengers. He further submits that charge against the petitioner could not be proved in absence of any evidence and hence the removal order is bad in law. He also submits that statement of defence witness Sri Bihari Lal Chand was not considered while passing the removal order on the ground that no reliance could be placed on his statement since he was not travelling at the relevant time in the bus. Reliance has also been placed on the judgment rendered in Writ Petition No. 9005 (SS) of 1992, Virendra Kumar Awasthi v. U.P.S.R.T.C. and Ors., to assert that in identical circumstances the writ petition was allowed.
(3.) COUNSEL for the U.P.S.R.T.C., on the other hand, has submitted that enquiry was held in accordance with law and the petitioner was given full opportunity to cross -examine the member of the checking squad, who checked the bus and prepared the report against the petitioner. It is further submitted that the enquiry as contemplated under law was held and full opportunity was given to the petitioner and, therefore, no illegality can be attributed to the removal order. It is also submitted that charge against the petitioner was found to be established for carrying 22 passengers without ticket and it was found during the course of enquiry that the said amount has been realised by the Conductor at the time of boarding of the bus from the passengers. The ticket amount was prepared by the checking squad and the same was realised from the passengers and after cross -examining Sri R.S. Srivastava, Traffic Superintendent the removal order was passed, hence the same does not require any interference.;