- (1.) WE have heard Shri V. Sahai, learned Counsel for the Petitioner -Appellant. Shri Samir Sharma appears for U.P. State Road Transport Corporation.
(2.) THE Petitioner was serving as Conductor in UP State Road Transport Corporation. On 2.2.1990, when he was on duty on a Bus traveling from Tanakpur -Agra road, an inspecting party stopped the Bus at about 6 kms from Shoro, on way to Etah and found that 17 passengers had boarded from Shoro; the Petitioner had issued tickets to 06 passengers. He had taken money but had not issued tickets to remaining 11 passengers. He had also not issued the receipt for goods weighing 300 kgs from Ushavani to Etah.
(3.) THE inspecting party submitted a report on which a charge sheet was issued to the Petitioner. The Petitioner gave his reply but did not participate in the departmental enquiry. The enquiry officer found that the Petitioner had taken money from 11 passengers but had not issued tickets to them. He had also not issued receipt for carrying good weighing 300 Kgs. The inspecting party issued tickets to the remaining 11 passengers after charging penalty, which was allegedly paid by the Petitioner. The Petitioner was given a show cause notice after the enquiry as to why he should not be dismissed from service for having committing misconduct for non -issuing tickets to 16 passengers after taking the money and for not issuing goods receipt. The show cause notice was not served upon the Petitioner on which it was published in the newspapers. The Disciplinary Authority, by his order dated 24.9.1990, found that the Petitioner is guilty of misconduct, and passed an order dismissing him from service. The Petitioner's departmental appeal was considered and dismissed on 15.6.1991 by the Deputy General Manager, West Zone, Meerut confirming the findings.;