- (1.) Heard Sri Asif Hasan, learned counsel for the petitioner, Sri Akhilesh Kumar Srivastava, learned counsel for the respondent Corporation and perused the record.
(2.) By means of this petition under Article 226 of the Constitution, the petitioner has challenged the order dated 06.06.1983 as well as the order dated 16.06.1987, whereby, the respondent Corporation has reiterated the stand taken in the order dated 06.06.1983 holding that the order was passed by the competent authority. So basically it is order dated 06.06.1983 which has been questioned on merits.
(3.) Briefly stated facts of the case are that the petitioner, who was working as Conductor with the respondent Corporation, was served with the charge sheet dated 26.06.1982 with certain charges of selling forged tickets to the passengers causing financial loss to the Corporation. The said charge sheet was duly replied by the petitioner vide letter dated 06.10.1982 and he denied all such charges leveled in the charge sheet. Thereafter, it appears that the petitioner was called by the Depot Manager for some oral inquiry and certain questions were put to him which have come to be referred to in the order impugned as well as the reply thereof given by the petitioner. It also transpires from the order impugned that some inquiry report was also submitted by the Regional Manager and it is on the said basis and on the basis of query made by the Depot Manager at the time of oral inqiury as has come to be recorded in the order impugned, the disciplinary authority found the petitioner guilty of the charges and imposed the penalty of maximum punishment in the nature of removal from service. This order came to be challenged by the petitioner before this Court on the ground of want of authority the Depot Manager in initiating inquiry into the matter, as according to the petitioner he was not the appointing authority and therefore, could not have been the disciplinary authority. The said writ petition came to be allowed by this Court giving direction to the competent authority to initiate proceedings afresh by competent authority and pass order in accordance with law.;