R.B.Misra, J. - (1.) Heard Sri Sameer Sharma, learned counsel for the petitioner and Sri M.C. Chaturvedi Additional Chief Standing Counsel along with Sri S.S. Sharma, learned standing counsel for the State.
(2.) Initially on 5.2.1988 notice was issued, one counsel was engaged for respondent No. 3 who has subsequently been elevated as Hon'ble Judge of this Bench therefore, another notice was issued on 12.11.2003 to engage another counsel in place of earlier counsel for and on behalf of respondent No. 3 and despite notice, no counsel was engaged. In these circumstances the writ petition is disposed of on the available documents.
(3.) In this petition labour court award dated 2.2.1987 is under challenge. The brief facts necessary for adjudication of the present writ petition are that the respondent No. 3 was appointed as temporary employee as conductor against short term vacancy. On 27.7.1974 and while plying Bus No. 9107 on Chandrawat-Mahoba route, on checking Sri R.P. Srivastava, Assistant Regional Manager, Mahoba along with Sri R.B. Mathur, Junior Foreman, Mahoba found that respondent No. 3 was carrying 28 passengers without tickets and 74 kgs. luggage without booking for which he had already realised the fare' and the luggage charge from them. In view of the report submitted by the checking authorities and after consideration, prima facie misconduct was found to have committed and respondent No. 3 was placed under suspension followed by a charge-sheet. After the reply the departmental inquiry was proceeded with after affording opportunity of hearing to adduce the evidence, avail opportunity to defend his case and cross examine the witnesses. The allegations indicated in the charge-sheet was proved therefore, the show cause notice was served to respondent No. 3 which too was replied by him. After considering the material on record the disciplinary authority was satisfied that the charges in respect of the misconduct and the allegations against the respondent No. 3 were proved and following three punishments were awarded on 29.12.1976 (a) reduction of the salary of respondent No. 3 for five years with future interest, (b) by order dated 6.2.1976 the petitioner was reinstated and forfeiting the suspension allowance, (c) adverse entry awarded in the character roll.;