Mohinder Pal, J. - (1.) THIS is regular second appeal filed by Plaintiff -Appellant Roop Singh against the judgment of Additional District Judge, Gurdaspur vide which the finding of the trial Court has been reversed.
(2.) ROOP Singh -plaintiff (Appellant herein) was employed as a Conductor in the Punjab Roadways, Batala. His services were terminated on the ground that he had misappropriated a sum of Rs.8.20. A departmental inquiry was ordered and Divisional Manager, Punjab Roadways, Jalandhar was appointed as an Inquiry Officer. In the inquiry report, it has been held that Roop Singh -Appellant had collected Rs.8.20 as fare from six passengers but he did not issue tickets to them. The termination order was challenged by filing a civil suit which was decreed on 4.9.1985 by the trial Court. It was held that the order of termination was illegal and against the principles of natural justice. Ultimately, the Plaintiff was held entitled to all the benefits of service including pay and allowances. However, in appeal the findings of the trial Court has been reversed by taking into account the evidence adduced by the parties and finally the impugned order was held to be valid and legal. Aggrieved from this order, the Plaintiff -Appellant Roop Singh has come up in regular second appeal before this Court. I have heard Learned Counsel for the parties and have gone through the trial Court record with their assistance.
(3.) WHILE arguing in appeal Learned Counsel for the Appellant has raised three -fold arguments. It has been submitted that the cash possessed by the Appellant has not been checked or tallied by the Inspectors. No passenger travelling in the bus has been examined and lastly, the General Manager of Punjab Roadways was present at a distance of 15 meters from the place of occurrence. As he was also the punishing authority, the entire proceedings against the Appellant have been vitiated.;