- (1.) RAKESH Tiwari, J. Heard counsel for the petitioner and perused the records.
(2.) THAT petitioner was appointed on the post of Conductor on 25- 12-1979 and confirmed on the said post on 2-2-1980. On 5-9-1988, he was conducting the Bus No. U. G. G.-283 from Lucknow to Banda via Lalganj. When the bus reached Larghawar it was stopped by and some passengers who wanted to board the bus. It is alleged that the petitioner asked them to pay fare of Rs. 2/- per passenger but they insisting on payment of Rs. 1/- only per passenger. In the meantime the Assistant Regional Manager, Banda along with Sri Mohammad Nasir Khan, Traffic Inspector, Banda has arrived by staff car. The petitioner informed them that the bus has been stopped, as nine passengers were not taking tickets and are not ready to pay full fare for their destinated journey. The traffic Inspector himself realized the fare form the passengers with penalty and handed over the amount to petitioner for depositing the same in the department and also submitted report to Regional Manager. Since petitioner has not realized the fare from the passengers and as such the question of any mis-appropriation of money did not arise. A charge-sheet dated 25-10-1998 was issued to the petitioner for carrying nine passenger without ticket on 5-9-1988.
(3.) THE petitioner submitted his reply to the charge-sheet in August 1988, inter alia that he was not carrying the nine passengers without ticket and the bus was stopped by him and not proceeding as they were not taking the tickets. He also stated in reply that the inspecting authorities had came in the meantime and the fare and penalty was realized from the nine passengers and that they were issued the penalty tickets by the traffic Inspector. THE petitioner also request for permission to produce two witnesses in support of his defence. It is submitted by the counsel for the petitioner that Sri R. K. Sikroria who was appointed as the Enquiry Officer fixed the enquiry proceedings on 6-4-1989, 27-4-1989, 4-5-1989 and 11-5- 1989. The petitioner attended the enquiry but proceedings could not take place, as the reporting authority Mohd. Nasir Khan did not turn up on the said dates. Thereafter, enquiry officer fixed 2-6-1989 for the enquiry. The petitioner was present but the reporting authority did not turn upto 3 p. m. hence after taking permission of the enquiry officer the petitioner went to take his meal but when he returned back in about half an hour after taking the meal he was inform that Mohd. Nasir Khan had come in the meantime and enquiry has been completed. It is further submitted that the petitioner made a request to the enquiry officer for fixing some other date in the enquiry to enable him to cross- examine Mohd. Nasir Khan and to produce defence witnesses is support of his case, but the enquiry officer turned down the request of the petitioner on the ground that the domestic enquiry was concluded.;