M.Y. Eqbal, J. - (1.) Petitioner was in the service of the respondent -Bihar State Road Transport Corporation and in 1989 he was posted as Conductor at Gumla. While he was functioning as Conductor in vehicle No. BPU -8493, BHH -8354 and BPA -1535, the same were checked by inspecting squad and he was found carrying passengers without ticket.
(2.) On the basis of checking report and the inquiry report, a charge -sheet was served upon the petitioner and he was put under suspension. A departmental proceeding was initiated against him and after adequate opportunity of hearing an inquiry report was submitted by the Inquiry Officer whereby the charges were proved against the petitioner and consequently order of dismissal was passed against him. Petitioner challenged the said order of dismissal passed by the disciplinary authority by filing departmental appeal before the appellate authority which was dismissed. The respondent -Corporation then filed an application under Sec. 33(2)(b) of the Industrial Disputes Act before the Presiding Officer, Industrial Tribunal, Patna for approval of its action in dismissing the petitioner from service. The Tribunal by passing a reasoned order dated 23.7.1994 allowed the application and accorded approval of the action of the Corporation for dismissing the petitioner from service.
(3.) Mrs. M.M. Pal learned counsel for the petitioner assailed the impugned orders as being illegal and wholly without jurisdiction. Learned counsel submitted that the orders passed by the appellate authority in the departmental appeal are without any basis and there is totally non -application of mind by the appellate authority. Learned counsel submitted that the tribunal passed the order of approval in routine manner without considering the admitted facts that while misc. case was pending before him, the appeal was entertained by the appellate authority. Learned counsel lastly submitted that the order of dismissal of the petitioner from service is totally disproportionate to the charges levelled against him and on this ground alone the order of punishment is liable to be quashed. In this connection learned counsel relied upon the decision of the Division Bench of the Patna High Court passed on 4.4.1995 passed in LPA No. 157/91R.;