- (1.) DEV Kant Trivedi, J. The present petition is directed against the order dated 30th March, 1991 whereby the petitioner was removed from service.
(2.) THE petitioner was appointed as a Bus-Conductor on 1st June, 1976. On 9th July, 1988 he was on duty and was proceed ing from Fatehpur to Etawah on Bus No. UGG 108. THE Bus in question was check ed by the Assistant Regional Manager, U. P. S. R. T. C. and 16 passengers were found without ticket. THE petitioner was suspended from service. Charge-sheet was served on 16th August, 1988. Reply was submitted on 22nd October, 1988. THE suspension was revoked on 24th October, 1988. On 30th March, 1991 the petitioner was removed from service. THE appeal filed against the said order of removal was dismissed on 23rd June, 1991. The petitioner claims that 16 pas sengers which were found to be without ticket, caused a loss of Rs. 16 only as the fare from Bindki to Khajuha was only Re. 1 per head. Thus, the petitioner claimed that the punishment of removal was not com mensurate with the misconduct. The petitioner denied that any forged tickets were recovered from his possession. It is also alleged that the Enquiry Officer did not record the statement of any of the 16 passengers found without ticket and had given wrong total. The enquiry according to the petitioner was not legally held and, therefore, the petitioner is entitled to reinstatement in the service. Opposite parties contested the petition wherein it was stated that 16 pas sengers were in fact found to be travelling in the bus without ticket and, therefore, enquiry was instituted, the petitioner was suspended, charge-sheet was served and that after enquiry the petitioner was removed from service.
(3.) HEARD the learned counsel for the parties and perused the record. Assistant Regional Manager (Per sonnel) accompanied by Assistant Traffic Inspectors Sri C. H. Verma and Sri I. D. Bajpai made a surprise checking of the Bus No. UGG 108 on 9th July, 1988 at 9. 35 when the bus was reaching Khajuha. It was found by the checking party that 16 pas sengers were found travelling without ticket. The fare from the ticketless travellers had already been realised by the petitioner bat tickets were not given to them. Since the fare was paid by the ticket-less travellers, they were issued the tickets by the raiding party from SI. No. 5780806 to 5780821. The petitioner had she ticket No. 584 to a passenger from Bindki to Jahanabad. From the search of the petitioner's bag ticket Nos. 3287584 to ticket No. 8080345 were recovered. Several other tickets of the denomination of Rs. 1, 50 paisa, Rs. 5 and Rs. 10 were also recovered from the petitioner. On the surprise checking of the bus, charge-sheet dated 16th August, 1988 was served on the Conductor. The charges against the petitioner were that he was carrying 16 ticketless travellers from Bindki to Khajuha, though the money was realised from ticketless travellers, the tickets were not issued though the bus was about to reach Khajuha, that the petitioner tried to embezzel the departmental money to his use, that the petitioner tried to give tickets to the ticketless travellers in a hurry when the bus was being checked, that basic and communation tickets were found in un authorised possession of the petitioner, that the petitioner was found in possession of old tickets with him which he wanted to re-use, that the petitioner was using cor rupt means in discharge of duty, that the petitioner failed to work in the interest of the employer and that he was flouting the code of conduct.;