- (1.) M. M. Ghildiyal, J. Heard Sri G. S. Negi, learned coun sel for the petitioner and Sri Ashish Joshi, learned counsel for the respond ents.
(2.) BY means of this writ petition, petitioner has challenged the judgement and award dated 31-03-1998 passed by State Public Services Tribunal, Lucknow in Claim Petition No. 239/v/ 1989. The fact of the case are that pe titioner was initially appointed as Driver in the year 1966 in U. P. Roadways De partment and was posted at Kotdwara Depot, District-Garhwal. After Uttar Pradesh State Road Transport Corpo ration (hereinafter referred to as "cor poration") came into existence, peti tioner continued in services with the Corporation. On 16-09-1981, when the petitioner was driving the Bus No. URM 3208 from Nazibabad to Gopeshwar and on way at Satpuli, petitioner sud denly got severe stomach pain and a local doctor, Dr. P. S. Rawat after provid ing him some medicines advised him for complete rest. Petitioner reported about his ill ness to the Booking Clerk at Satpuli, who asked another driver Sri Chhatar Singh to drive the bus to Pauri. At Bonsai, Traffic Inspector-Sri Sultan Singh Bhandari intercepted the bus and demanded the money from the peti tioner and on refusing to pay him money Sri Sultan Singh Bhandari, Traf fic Inspector, lodged false report to As sistant Regional Manager, Kotdwara to the effect that the petitioner was under the influence of liquor at the time of in spection of the Bus. Consequently, pe titioner was placed under suspension by the Assistant Regional Manager vide order dated 17-09-1981. The charge sheet was issued by respondent no. 5 on 19-09-1981 and served upon the petitioner on 03-10-1989. The charge levelled against the petitioner was that he was under the influence of liquor at the time when Traffic Inspector Sri Sul tan Singh Bhandari inspected the Bus at Bonsal.
(3.) THE petitioner has submitted his reply on 05-10-1981, in which he has denied the charge levelled against him. On the basis of inquiry report, respond ent no. 4 passed dismissal order dated 06-03-1982 against which petitioner preferred appeal before Deputy General Manager (West Zone), Meerut, who vide order dated 20-04-1983 allowed the appeal and directed fresh inquiry to be conducted in inspect of charge lev elled against the petitioner and peti tioner be treated under suspension with effect from 06- 03-1982. Fresh disciplinary proceedings were started from the stage of issue of charge-sheet. The inquiry was con ducted by Assistant Regional Manager and after completing, the inquiry pun ishment order dated 11-11-1983 was passed by which petitioner was removed from services. Against the order dated 11-11- 1983, petitioner preferred an appeal which was dismissed as time barred. Aggrieved with the order dated 11-11-1983 petitioner preferred a claim petition before State Public Service Tri bunal, Lucknow and Tribunal vide judg ment and award dated 31-03-1998 dismissed the claim petition of the pe titioner.;