S.C.CHAURASIA, DEVI PRASAD SINGH, JJ. - (1.) HEARD Sri U. K. Srivastava, learned counsel for the petitioner and Sri Umesh Chandra Pandey, learned counsel for the respondents Uttar Pradesh State Road Transport Corporation.
(2.) PRESENT writ petition under Article 226 of the Constitution of India, has been preferred against the impugned order dismissing the petitioner from service in pursuance of the regular departmental inquiry. The petitioner who was a Conductor of Uttar Pradesh State Road Transport Corporation (in short UPSRTC), was served with chargesheet dated 28.8.1993, whereby he was charged that during the surprise checking on 29.7.1993 at Sultanpur -Amethi Route, 61 passengers were found in the Bus and out of which 56 passengers were without tickets. Other charge is based on surprise inspection done on 18.8.1993 of Bus No.UHU 935, and 27 passengers and one cycle were found to be without ticket. In response to the chargesheet, the petitioner submitted reply. Along with the copy of statement of witnesses and other charges and relevant documents. The petitioner was served with a show cause notice in consequence of which he submitted reply. After considering the reply, by the impugned order dated 28.10.1996, the petitioner was removed from service. The order of removal was upheld by the appellate authority.
(3.) WHILE assailing the impugned order it has been submitted by Sri U. K. Srivastava learned counsel for the petitioner that since no oral inquiry was held, the submission of show cause notice along with the inquiry report shall not meet requirement of principles of natural justice. According to him, and the impugned order vitiates. He has relied upon the the cases reported in (1998) 7 SCC 84: Punjab National Bank and others. Vs. Kunj Behari Misra.;