- (1.) By way of the present writ petition, the Regional Manager U.P.S.R.T.C. Moradabad has challenged the award of the Labour Court dated 13.11.2001, whereby the Labour Court has set aside the termination of the respondent no. 3 and reinstated him with full backwages.
(2.) The short facts leading to the present writ petition are that the respondent no. 3 was a bus conductor under the U.P.S.R.T.C. at Meerut. On 27.11.1985 his duty was on bus no. U.H.C. 459. On the said date in the morning 60 passengers had boarded the bus. However, the respondent no. 3 was the conductor and in connivance with the driver of the bus he took the wheel and drove the bus unauthorizedly leaving behind five passengers. The bus met an accident and he was arrested by the police. The police found that he was intoxicated and was sent for medical examination.
(3.) In respect of the said accident a crime case no. 224 of 1988 under sections 116 and 112 of the Motor Vehicle Act registered against the respondent no. 3. On the basis of the same incident, respondent no. 3 was subjected to the disciplinary proceedings. A charge sheet was issued against him and an Inquiring Officer was appointed to conduct the departmental proceedings. The respondent no. 3 participated in the departmental proceeding and he also submitted reply to his chargesheet. In the inquiry he was found guilty of the charges. The Inquiring Officer submitted his report to the disciplinary authority. The Disciplinary Authority vide his order dated 23.8.1989 imposed the punishment of dismissal of the respondent no. 3 from service.;