ARUN TANDON,REKHA DIKSHIT,J. - (1.) Heard learned counsel Sri Anuj Srivastava for the appellant.
(2.) Appellant contends that The Road Transport Corporation Act 1950 was made by the Parliament with reference to Article 44 List I of the 7th Schedule of the Constitution of India. It is therefore contended that this special appeal filed against the judgment of the Writ Court made in the petition which was directed against the appellate order would be maintainable in view of Chapter VIII Rule 5 of the Allahabad High Court Rules. Since there is no objection on behalf of the respondents to the aforesaid contentions raised on behalf of the petitioner/respondent, we, in the facts of the case, hold that this appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules would be maintainable.
(3.) Learned Single Judge under the judgment and order impugned in the present writ petition has carefully gone through the entire material relating to the charges which were levelled against the writ petitioner as well as the evidence which was on record. The Court has come to a specific conclusion that from the reading of the statement of the witnesses and from other evidence on record, none of the charges as alleged against the employee/writ petitioner could be established. The statement of the witnesses have specifically been noticed by the learned Single Judge in his judgment.;