- (1.) THIS is a plaintiffs second appeal against the order of the Civil Judge, Gorakhpur, dated the 17th August 1960, confirming the decree of the trial Court and dismissing; the plaintiffs suit for a declaration that the order dated 27-11-1951 passed by the Deputy Transport Commissioner, Roadways dismissing the plaintiff from service was illegal, void and inoperative.
(2.) THE plaintiff was admittedly a bus conductor in the U.P. Roadways serving in the Gorakhpur Division. He was on the relevant day conductor in-charge of the Bus No. 984 U.S.B. On the morning of 21st July, 1951, on the Tamkohi to Kasia road at about 8 A.M. the Assistant Regional Manager, Headquarters, Gorakhpur (hereinafter referred to as A.R.M.) accompanied by the Station Officer Incharge overtook the said bus and signalled to it to stop. On checking the bus it was found that there were 10 passengers who were travelling without tickets. On teaching Deoria the petitioner was relieved of his duties as a conductor and a report was lodged by the A. R. M. on the 28th July, 1951. The appellant was served with a charge sheet signed by the said A. R. M. for Transport Commissioner, U.P. This charge sheet reads as follows :- "On the basis of the allegation contained in the report of the A. R. M (H Q.) dated 28-7-1951 copy enclosed or on the basis of the allegation contained in the attached note, the following charges are framed against you :- (1) for carrying 10 passengers without ticket and in over-load on 21-7-1951 in Bus No. 964 (U. S. B.) which was checked by the A. R. M. (H. Q.) at about 8.15 A.M. on 21-7-1951 at 7 miles stone from Kasia on G.K.P. Kasia Tamkhuhi Road. (2) Aiding and oblitering (sic) the driver in making 4 passengers out of the above 10 ones to run away in the nearby village. (3) Pocketting Government money for your own gain. You are required to explain in respect of the charges mentioned above and show cause why you should not be punished, removed or dismissed from service etc. You should be your written explanation by 27-8-1951. In case you want to produce any evidence or cross-examine any witness, you should mention this fact in your explanation. You are required to appear before me on .......- for being heard in person." The written explanation by the plaintiff was filed on the 4th of September, 1951, and his version was that the bus had broken down and some passers on seeing that the bus had stopped got into the bus; the plaintiff had refused to give them tickets but when the A.R.M. and Depot Incharge reached the place where the bus was standing, those persons repealed their request for tickets. Their request was acceded to and the Station Officer Incharge is said to have issued the tickets to them; but for no rhyme or reason on reaching Deoria the plaintiff and the driver of the bus, to their utter surprise were suspended and the bus was put incharge of another driver and conductor.
(3.) ON 21-9-1951 the statement of the plaintiff was recorded by the said A. R. M. who was the Enquiry Officer. The plaintiff merely made a reference to his aforesaid written explanation and it was added that he had nothing further to add. Thereupon, on the 25th of September, 1951, the A. R. M. submitted his report. He disbelieved the version given by the plaintiff and considered it to be unsatisfactory. He relied on his own checking of the bus and report made. The report concluded with the following recommendation :- "In view of the seriousness of the offence of carrying passengers without tickets and in over-load with an intention to pocket a large sum of Government money, I am of the opinion that the driver and conductor are not fit to be retained in service any longer and recommend their dismissal from service forthwith." This report was forwarded to the Deputy Transport Commissioner. The latter by his order dated, 27th November, 1951, passed the following order "for Transport Commissioner, U.P." :- "Sri Moti Lal Gupta conductor and Sri Abdul Hakim driver carried ten passengers without ticket on 21-7-1951. As the bus was about to be checked both of them made four passengers without ticket to run away into a nearby village. They had also over-loaded the bus. The conductor and the driver have explained that the bus being defective had stopped near Fazil Nagar and some persons came there and wanted tickets. When the bus started the Assistant Regional Manager allowed them to board it. They have denied that the passengers there were passengers without ticket in the bus. Their explanation is quite unacceptable. There is the evidence of the Assistant Regional Manager and some of the passengers who were carried without ticket and some were made to escape. The driver and conductor have been guilty of corruption and are dismissed." ;