- (1.) HEARD Sri Arun Kumar Singh -I, learned counsel for the petitioner and Sri Ajai Kumar Srivastava holding brief of Sri Samir Sharma, learned counsel for respondents.
(2.) THE petitioner was working as a conductor under U.P. State Road Transport Corporation Ltd (U.P.S.R.T.C.). and was posted in the office of Assistant Regional Manager, U.P.S.R.T.C., Cantt. Depo, Varanasi. The petitioner on 30.10.2006 was issued a charge sheet alleging therein that he had absented from duty without any information thus his conduct is against the rules of the Corporation. The petitioner submitted his reply stating that he had informed the diesel clerk before leaving the office and had also made an application to the concerned officer. The enquiry officer, after recording the statement of the witness, came to the conclusion that the petitioner had absented without information and proposed the penalty of dismissal from service.
(3.) SHOW cause notice dated 17.05.2007 alongwith enquiry report was issued to the petitioner and the petitioner submitted his reply on 05.07.2007 denying the allegations and reiterated his reply and further stated that on return to duty he had submitted application for medical leave as well as fitness certificate dated 14.10.2006 for his absence. The disciplinary authority accepted the enquiry report and its finding and passed the impugned order terminating the services of the petitioner. Aggrieved, the petitioner preferred an appeal before the respondent no. 3 Regional Manager, U.P.S.R.T.C., Varanasi, the appellate authority dismissed the appeal by order dated 04.07.2008. Aggrieved by the said order, petitioner preferred revision before the Chairman, U.P.S.R.T.C Ltd. Headquarter Lucknow which was also dismissed vide order dated 28.07.2009.;