I. S. Mathur, J. - (1.) This writ petition is directed against the order of removal, dated 31-1-1981 and the order dated 15-6-1981, passed in appeal by Regional Manager.
(2.) The petitioner was appointed as a Conductor in the U.P. State Road Transport Corporation in the year 1978, on 26-3-1980, he was carrying a bus from Faizabad to Jagdishpur. The bus was checked by the Traffic Inspector and Checking staff. It was found by the Traffic Inspector that the bus was carrying 23 passengers without ticket. He accordingly submitted his report to the Assistant Regional Manager on 10-4-1980 (Annexure-I to the petition). The petitioner was suspended by order dated 12-5-1980. A charge-sheet was served on him on 30-5-1980 by the opposite party No. 3. namely, the Assistant Regional Manager. Faizabad. 2A. The petitioner submitted his reply to the charge-sheet (Annexure-2 to the petition), In his reply, the defence of the petitioner was that 55 passengers were booked at the counter and when he returned to the bus, he found it to be overcrowded. He called out in the bus for those persons who did not have tickets and asked the driver to stop the bus. The bus was being driven by one Secta Ram and not by B. P. Srivastava who was the driver assigned to it. On enquiry. he came to know that Shri Srivastava was sitting on the roof of the bus. The driver did not stop the bus in spite of his insistence. In the meanwhile, he distributed tickets to 45 persons in the bus. When the bus was stopped at the instance of the checking staff, the driver of the bus was sitting with 23 ticketless passengers on the roof of the bus. The inspecting staff realised fare and penalty from 23 passengers and gave it to him for depositing. He denied that he has charged any money from the passengers without issuing the tickets. He also submitted that if it were his intention to realise money without tickets and misapprepriate it. he would not have issued the ticket to 45 passengers in the bus.
(3.) The opposite party No. 3 then conducted the enquiry. He examined two officials of the checking staff, namely. R. S. Upadhyay and K. N. Tiwari. After considering the statement and documents, the opposite party No. 3 passed the impugned order (Annexure 3 to the petition). The petitioner preferred an appeal against this order but this appeal was dismissed by the Regional Manager by order dated 15-6-1981 (Annexure-4 to the petition).;