B. N. Sapru, J. - (1.) The petitioner, Shitla Prasad, was appointed as a Conductor with effect from 18th Apr. 1980 on a temporary basis in the vacancy caused by the suspension of Sri Uma Shanker Tiwari in the U.P. State Road Transport Corporation by an order dated 29th Apr., 1980. This appointment continued from time to time in short term leave vacancies. The last order of appointment made in favour of the plaintiff is dated 21st Aug.. 1981, a copy of which has been filed as Annexure 'I' to the counter-affidavit. In this order it was stated in Cl. (3) that the service conditions would be governed by the rules and regulations to be framed under S. 45 of the Road Transport Corporation Act, 1950. The petitioner was served with the charge- sheets on the ground that he has committed certain irregularities and an explanation was called. A regular enquiry was held and the charges were found proved by the Assistant Regional Manager who by an order dated 23rd Jan., 1982 (Annexure 'V' to the writ petition) removed the petitioner from service.
(2.) It is against this order that the present writ petition has been filed.
(3.) The argument of the learned counsel advanced on behalf of the petitioner has to be seriously considered. It is submitted on behalf of the petitioner that under Cl. 14(c) of the Model Standing Order it is provided that where a workman has been found guilty of the charges framed against him and it is considered fit to award a punishment specified in the Model Standing Orders he has to be given a reasonable opportunity of making a representation against the penalty proposed to be inflicted upon him. It is not disputed in this case that after the petitioner had been found guilty no opportunity of making representation as against the penalty proposed to be inflicted was given to him and the order of removal from service was passed straightway.;