R.B.Mehrotra, J. - (1.) Awadhesh Rai, the petitioner, was appointed on the post of conductor on August 12, 1980 in U.P. State Road Transport Corporation of Azamgarh Depot. It is alleged that on September 10, 1987, when the petitioner was taking the Bus No. U.H.S. 357 on Renukoot-Kota Route, at 10.10 P.M. in the night, a checking was conducted by Traffic Supdt., Sri Mohammad Jamil Khan and two Traffic Inspectors, namely, Sri K.B. Lal and Sri Iqbal Narain. The bus was signalled to stop by the checking staff. The bus was not totally stopped and only Sri Iqbal Narain, the Traffic Inspector managed to enter the bus. The bus was not stopped even on his asking. Consequently the remaining persons of the checking staff followed the bus by the Staff Car and thereafter the bus was made to stop forcibly and after checking it was found that all fifty passengers travelling in the bus were with-out tickets whereas the amount of the fare was received by the petitioner. On the basis of the aforesaid report, the petitioner was suspended and given a chargesheet on September 18, 1987. Sri S.S. Srivastava, the retired District Judge of Azamgarh, was appointed as Inquiry Officer. The petitioner submitted his reply to the charge-sheet on September 9(19,29?), 1987. The Inquiry Officer was appointed by the Appointing Authority the Regional Manager, U.P. State Road Transport Corporation, Azamgarh, Vide Order, dated November 1, 1987.
(2.) On February 9, 1988, Sri S.S. Srivastava the Inquiry Officer submitted a detailed report wherein it was held that the charges against the petitioner are not proved beyond doubt, therefore, the petitioner deserves to be exonerated from the charges levelled against him. In the said enquiry report, the Inquiry Officer considered the statements of Sri Iqbal Narain, Sri K.B. Lal the Traffic Inspectors, Sri Imam Uddin the driver of the bus and the petitioner the conductor of the bus. Sri Mohd. Jamil Khan, the Traffic Supdt., did not appear before the Inquiry officer and the Inquiry Officer was told that he is on leave and his report, dated September 14, 1987 is already on the file. Sri S.S. Srivastava, the Inquiry Officer considered all the statements of the prosecution witnesses as well as the statements of the driver of the bus and the petitioner and came to the conclusion that the charges levelled against the driver and the conductor are not made out. After submission of the aforesaid enquiry report, the petitioner was permitted to join his duties as conductor on May 27, 1988.
(3.) Again on March 2, 1989, the petitioner was suspended and charge-sheet was given to him in respect of some other incident for which a separate enquiry is being conducted against the petitioner and the same is not the subject matter of controversy in the present writ petition though in the writ petition, the petitioner has alleged that the petitioner was again suspended for the same charge, but the said statement has been effectively controverted in the counter affidavit and on the basis of the record it is established that the second suspension of the petitioner and the second enquiry was in respect of different charge and not in respect of the incident, dated September 10, 1987.;