- (1.) Application is allowed and documents (Annexures-A-1 and A-2) are taken on record. CM No. 14380-C of 2011 For the reasons stated in the application, same is allowed and delay in refiling the appeal is condoned. RSA No. 4929 of 2011
(2.) Having failed to get an order dated 25.2.2004 passed by the General Manager, Haryana Roadways, Yamuna Nagar, set aside from both the Courts below, the plaintiff-appellant (hereinafter referred as 'the plaintiff') has preferred this regular second appeal.
(3.) The plaintiff, who was working as a conductor in Haryana Roadways having already been awarded the following penalties at the previous times:-- was caught taking the passengers without tickets on 18.3.2002 on bus No. 8844, which was checked near Katra Octroi post. It was found that he permitted five passengers to travel from Jammu to Katra without tickets. On seeing the checking staff, he tried to punch the tickets, but he could punch only one stage on 16 number side. As such, he had embezzled Rs. 90/-. A regular enquiry was held against him, whereupon he was found guilty. A show-cause notice was issued to him to explain as to "why his services should not be terminated." Thereafter, he filed reply to the said show-cause notice and was also heard personally. Consequently, vide order dated 25.2.2004, his three annual increments with cumulative effect were stopped and the suspension period was restricted to subsistence allowance.;