Sibghat Ullah Khan and Anil Kumar, JJ. - (1.) HEARD Sri Prabhakar Tewari, learned Counsel for the petitioners and Sri Brijesh Kumar, learned Counsel appearing on behalf of respondent No. 2.
(2.) SRI Prabhakar Tewari learned Counsel for the petitioners has submitted that respondent No. 2 (herein above referred as 'contesting respondent') was initially appointed as Bus Conductor in the U.P. State Road Transport Corporation (hereinafter referred the 'Corporation') and was subsequently confirmed on the said post in the month of 1979. On 3.9.1991, the contesting respondent in the capacity of conductor was plying bus No. UP42/6156 of the Corporation on the route Nawabganj to Delhi via Colonelganj. While the said bus was in the way, the checking was done by the checking squad at the place Ballipur at about 2.30 p.m. The checking squad on the basis of the checking found that 14 tickets were issued to the passengers by the contesting respondent but the entry of the same was not made in the way -bill. Besides this, 16 passengers travelling without ticket for a different destination were found without tickets accordingly, a report was sent in this regard by the Checking Squad to the competent authority.
(3.) ON 11.9.1991 and order was passed by the competent authority by which contesting respondent was suspended, a charge -sheet was also issued on the same day and from the penal enquiry officer in the Corporation, an enquiry officer was appointed for conducting the enquiry in the matter in question.;