D.S.Sinha and O.P.Jain, JJ. - (1.) The petitioner, Vikrama Nand Uniyal, has filed this writ petition under Article 226 of the Constitution of India for quashing order Annexure 5, dated 9th October, 1979, by which he has been dismissed from the post of Conductor in the U. P. State Road Transport Corporation (hereinafter called the Corporation). The petitioner also prays for quashing of order Annexure 9, dated 25th January, 1984, by which U. P. Public Services Tribunal No. V, Lucknow dismissed his petition.
(2.) The brief facts of the case are that the petitioner was appointed as a Conductor on 1st June, 1966 in the State Transport Department of U. P. Roadways at Dehradun Depot and his appointing authority at that time was Assistant General Manager, Dehradun Region, in the year 1972. U. P. State Road Transport Corporation was established and the services of the petitioner were given on deputation to the Corporation. A departmental enquiry was held against the petitioner in which there were three main charges against him. It was alleged that on 15th March, 1978, the petitioner who was the conductor of Bus No. U.P.S. 9309 carried a scooter on the roof of the bus, but he did not realise the freight charges. The second charge was that on 31st March, 1978 he was the conductor of Bus No. U.P.S. 9112 and he was found carrying 24 passengers without ticket. The third charge against the petitioner was that as a conductor of Bus No. U.S.K. 8793 he carried some passengers on the roof of the bus, but did not issue proper tickets to them.
(3.) On these charges, a regular departmental enquiry was held by Sri Yogendra Kumar, Assistant Regional Manager (Traffic), who submitted his report. Annexure 3, dated 22nd May. 1979. The enquiry officer found that all the three charges framed against the petitioner were fully proved. After the submission of enquiry report, a show cause notice, Annexure 4 was issued to the petitioner along with a copy of the enquiry report and he was asked to show cause as to why he should not be dismissed. After personal hearing, the order of dismissal, Annexure 5, dated 9th October, 1979 was passed by Sri A. B. Pd. Jain, Assistant Regional Manager (T.R.). Being aggrieved against the order of dismissal, the petitioner filed a petition before U. P. Public Services Tribunal No. V, which was dismissed on 25th January, 1984, vide Annexure 9. Hence the present writ petition has been filed for quashing Annexure 5, dated 9th October, 1979 and Annexure 9 dated 25th January, 1984.;