Rakesh Tiwari - (1.) -Heard the learned counsel for the parties and perused the records.
(2.) BY means of this writ petition, the petitioner has challenged the validity and correctness of the enquiry report dated 15.9.1990 and order of dismissal from service dated 1.4.1992 Annexures-13 and 16 to the writ petition. The brief facts of the case are that the petitioner was a confirmed conductor in U. P. State Road and Transport Corporation and was posted at Banda at the relevant time. On 11.10.1985, Traffic Superintendent along with Traffic Inspectors intercepted Bus No. U.R.Y. 641, which was going from Rajapur to Banda in which the petitioner was conductor. The petitioner alleged that the aforesaid persons have no jurisdiction to check the Bus. However, in the garb of checking they snatched the relevant papers from the petitioner and tore out some of them. It is alleged that all the passengers were travelling with valid tickets and none was found without ticket. The petitioner on reaching Banda made a complaint in writing to the station incharge about the said occurrence and on coming to know about the complaint made by the petitioner against them, Sri P. K. Dube, Traffic Superintendent made a complaint against the petitioner to the Regional Manager, U. P. State Road and Transport Corporation, Jhansi. A preliminary enquiry was held and a charge-sheet was issued to him. He challenged the charge-sheet before this Court on the ground that the Regional Manager had no jurisdiction to issue charge-sheet. The said charge-sheet and the order of suspension of the petitioner were quashed by this Court. On 2.5.1987, the petitioner was again served with a charge-sheet in which respondent No. 1 had mentioned two incidents dated 29.8.1982 and 11.10.1985. Sri C. P. Singh, Traffic Inspector also lodged an F.I.R. in respect of incident dated 29.8.1982, on the basis of which the petitioner was tried in Session Trial No. 503 of 1983 along with Shamim Khan and Rahman Khan under Sections 147, 148, 307/149, I.P.C., police station Atrauli, district Banda and was acquitted by the special Judge vide judgment and order dated 29.5.1994. According to the petitioner, the said judgment was not challenged and the same has become final.
(3.) THE petitioner submitted detailed reply to the said charge-sheet on 13.8.1987 denying the charges levelled against him, Annexure-3 to the writ petition. Sri R. K. Sikoria was appointed as Inquiry Officer and the petitioner was directed to appear before him on 26.2.1988. In compliance of the notice the petitioner appeared before the Inquiry Officer, but on that date the representative of the department neither appeared nor produced any witness and the case was adjourned without fixing any date. The petitioner was informed by letter dated 2.3.1988 that now 29.3.1988 is the next date fixed before the Inquiry Officer. The petitioner again appeared on the said date but nothing was done on that date also. Again vide letter dated 11.4.1988 the petitioner was informed to appear on 28.4.1988. On that date too, none appeared on behalf of the department.;