- (1.) HEARD Mr.S.P.Shukla, learned counsel for the petitioner as well as Mr.Mahesh Chandra, learned counsel for the Uttar Pradesh State Roadways Transport Corporation (in short UPSRTC).
(2.) THROUGH the instant writ petition the petitioner has challenged the order dated 26th of August, 2000 (Annexure No.2), whereby he has been awarded the punishment of withholding of two annual increments as well as the salary for the period of suspension except the subsistence allowance and the damages of Rs.1740/ - has also been imposed upon him.
(3.) THE petitioner was issued a charge sheet dated 3rd of October, 1998. The charge against the petitioner was that he did not complete the trip of bus from Lucknow -Gonda -Jabrauli, rather he turned up from Ghaghraghat. Thus, he plied the vehicle only from Lucknow to Ghaghraghat and did not complete the trip of about 145 km. which caused financial loss to the Corporation about Rs.1740/ -. After turning up, when he was asked to go on duty in another bus he refused to follow the direction of the higher authorities which was alleged his misconduct. The petitioner submitted his explanation on the ground that when he reached Ghaghra Ghat, the bus became out of order, then any how he repaired it but since it was not fit to go ahead he turned back and stalled the bus at Kaiserbagh Depot. So far as the duty assigned to him in another bus is concerned, it is submitted by him that his duty hours were completed, therefore, he could not be compelled to go on further duty. Mr.Mahesh Chandra, learned counsel for the UPSRTC submitted that once his duty hours wasted without completing trip he was under duty to go further on duty to compensate the loss. It is stated that he was to complete the journey of provided kilometers not the hours.;