- (1.) HEARD Mr. D.P. Misra, learned counsel for the petitioner, as well as Mr. Prabhakar Tiwari, learned counsel for the U.P. S.R.T.C. and perused the record.
(2.) THROUGH the instant writ petition the petitioner has challenged the order dated 25.02.1989 passed by the Manager (Personnel) U.P. State Road Transport Corporation Lucknow (in short UPSRTC), where by the petitioner has been removed from service as also the order dated 03.05.1989 passed by the General Manager, UPSRTC, Lucknow. Whereby the petitioner's representation against the order of punishment of removal has been rejected.
(3.) THE petitioner while working as Conductor on 25.04.1988 was on duty in Bus No. URL 6853 of Sirsaghat Raebarelli route when the Bus reached near Gangaganj, at about 8:50 a.m. It was stopped by inspecting staff, Traffic Superintendent checked the Bus, on the basis of the inspection checking report the petitioner was issued a show cause notice dated 15.09.1988 in which ten persons were alleged to be without ticket. The petitioner submitted reply of charge sheet stating therein that as many as only 54 passengers were travelling in the Bus out of whom six persons were without tickets. Out of these six persons one was Mr. V.M. Misra, Senior Clerk posted at Raebarelli Depot and another person was Mr. Babu Lal (Mazdoor) of Raebarelli Depot. Beside this there were two children of driver and two of conductor (petitioner), therefore no tickets were issued to them, but an entry was made in the Way Bill to this effect. He also produced the statement of Mr. Shiv Kumar Gupta (Driver) and the PTO pass of Children. The petitioner also intended to produce public witnesses and two staff persons who were travelling in the Bus, but the Inquiry Officer did not summon them.;