JASBIR SINGH, J. - (1.) THE appellant was serving with the respondent -Department as a Conductor. The bus, on which he was on duty, was checked and it was found that some passengers have travelled without tickets. Checking was done on 2.4.2000. Charge sheet, stating that he had misappropriated money received from the passengers, was issued to him on 11.4.2000. Charge sheet reads thus : - "I, Peshawar Singh, PTS, General Manager, Punjab Roadways, Pathankot, is hereby levelling the below mentioned allegations against you namely Raj Kumar Conductor No. 69 (Suspended), Punjab Roadways, Pathankot that while you were deputed on duty in Bus bearing Regn. No. 9301 from Amritsar to Pathankot as a Conductor, the checking of the bus was got conducted by the Checking staff at 13.50 at Batala. During enquiry, there were 30 passengers in the bus and out of these passengers, 16 passengers who after completing their journey from Amritsar to Batala got down from the bus without any ticket. But your had taken Rs. 256/ - from these passengers as fare i.e. Rs. 16/ -per passenger and in lieu of the same, no ticket was provided to them. So, you while accepting your guilt of not giving the tickets and received an amount of Rs. 256/ -of fare amount from the passengers who got down, has given un -punched tickets amount to Rs. 256/ -to the Checking Staff. So, just like that you by taking the fare amount from the passengers and by not giving tickets in lieu of the same have misappropriated an amount of Rs. 256/ -from the Government Treasury. So, you are hereby made as an accused of negligent of duty, violation of service rules and disgraced the department in the public. So just like that you are guilty of grave misconduct by violating the Rules and by doing the same, you have made your self liable for punishment under the Punjab Civil service (Punishment and Appeal) Rules, 1970. The allegations are mentioned in the attached list of allegations."
(2.) HE was asked to submit his reply to the charges levelled against him. In his reply, for the first time, he took up a stand that Checking Staff was asking for money and when he refused, he was falsely implicated in the case. It is an admitted fact that no representation in writing was given to any Authority before issuance of charge sheet. Enquiry was conducted. Ample opportunities were given to the appellant to produce his evidence. The case of the Department that he had misappropriated Rs. 256/ -, was not proved on record. However, it was proved that he had misappropriated Rs. 112/ -. Relevant portion of the enquiry report has been reproduced in the grounds of the writ petition. The matter was taken up by the Punishing Authority. Show cause notice for imposition of major penalty was given, to which, he filed a reply and vide order dated 22.10.2003, he was ordered to be dismissed from service.
(3.) HE went in appeal, which was dismissed by the Appellate Authority on 1.2.2005. Order was passed after giving opportunity of personal hearing to the appellant. Relevant portion of the order passed by the Appellate Authority reads thus : - "4. The appellant has also stated that the enquiry officer out of his prescribed area has given the report, which does not tally with the charge sheet and he has given the proof of 39 passengers in the bus with tickets. The enquiry officer in an estimated manner has produced the enquiry report, so has requested to take back the order of punishment. The Director, State Transport has stated in his conclusion report that the bus bearing Regn. No. 9301, who was going from Amritsar to Pathankot on 2.4.2000 and the Checking Staff, checked the bus at Batala at 13.50 hrs. During enquiry, 30 - passengers were travelling the bus and out of the same, 16 passengers after completing their journey got down from the bus at Batala without ticket, but he has taken the amount of Rs. 256/ - i.e. Rs. 16/ -per ticket from the passengers and in lieu of the same, no ticket was given. At the spot, he while accepting his guilt that he while taking the amount of ticket from the passengers who alighted from the bus, has given un -punched tickets amounts to Rs. 256/ -to the Checking staff. On the basis of the same, he has been found guilty. It is also pertinent to mention here that if the conductor was innocent then why he on the saying of Checking Staff has given un -punched tickets amounting to Rs. 256/ -. If these tickets were given with any pressure fear, then why the said conductor lateron, will not brought this fact in writing before the higher officials. During arguments before the Enquiry Officer, Shri Raj Kumar has stated that regarding the said occurrence, he has informed to Madam Neelam of Head Officer orally on phone. If it is correct, then he should record the statement of Smt. Neelam as a witness in his favour. On the aforementioned facts, it is also stated that during personal hearing, the employee has not produced any new facts. He was given proper opportunity by the enquiry officer to lead his defence and the enquiry officer has found that the allegations, which were levelled against him are fully proved. So, keeping in view the aforementioned circumstances, I hereby dismiss this appeal by maintaining the order of punishment of removal from service of the appellant passed by Director, State Transport." ;