- (1.) Heard learned Counsel for the petitioner and Sri Akhilesh Kumar Srivastava, learned Counsel appearing for the respondent-Corporation.
(2.) Vijay Prakash Mishra- Petitioner, who was a Bus Conductor under Uttar Pradesh State Road Transport Corporation, Akbarpur, District Ambedkar Nagar [in short referred to as the 'UPSRTC'], was removed vide order dated 28.5.1998 passed by the Assistant Regional Manager/opposite party no.2 upon which he filed appeal before the Regional Manager, which was also dismissed vide order dated 12.3.1999.
(3.) It is said that on 14.12.1996, when the vehicle i.e. Bus No. UP 42/2470 conducted by the petitioner was inspected at Ariya near Akbarpur depot on Akbarpur-Tanda Road, the Inspecting Squad headed by Sri Prabhu Singh Chauhan, Assistant Traffic Inspector found that all the 36 passengers travelling on the bus were travelling without tickets. Among these 36 passengers 30 were travelling from Akbarpur to Tanda and 06 were travelling from Akbarpur to Ariya. Consequently, the petitioner was placed under suspension vide order dated 16.12.1996 and a charge sheet was served upon the petitioner on 31.1.1997. The main charge against the petitioner was that he was carrying all the 36 passengers without tickets in the Vehicle No. UP-42/2470 on 14.12.1996 thus acted against the order and direction of the department; his conduct was against the Service Rules and amounts to dereliction of duty.;