AMARESHWAR SAHAY, J. - (1.) THE petitioner has prayed for quashing of Annexure 8, i.e. the Enquiry Report as well as Annexure 7, dated 31.7.2001, by which the Disciplinary authority agreeing with the findings of the Enquiry Officer, issued notice to show cause to the petitioner as to why he should not be awarded major punishment and also the order as contained in Annexure -11 dated 29.8.2002, whereby the Disciplinary authority passed the order imposing punishment of dismissal from service against the petitioner.
(2.) THE petitioner, an employee of the Bihar State Road Transport Corporation, was proceeded departmentally for certain charges. The gist of the charges is that the petitioner was Conductor of Bus No. BHT 8060 on 16,4.1984. On that day, the said Bus was checked by a Traffic Inspector under the supervision of a Magistrate near Mariam Toli, while it was returning from Chainpur to Ranchi. On checking it was found that altogether 92 passengers were there in the Bus but only 13 passengers were issued tickets and the rest 79 passengers were without any ticket. The passengers of the Bus stated that though Bus fare had already been realised from them but no ticket was issued. One Baleshwar Singh, an unauthorised Stepinee was found working as Conductor on the instruction of the petitioner. It was reported that though the petitioner was there in the Bus but as soon as the Bus was stopped for checking the petitioner fled away from the said Bus after handing over the papers to the unauthorised Stepinee. In reply to the show cause notice, the petitioner stated that his application, submitted to the Chairman -cum -Managing Director of the Corporation earlier, be treated as his show cause.
(3.) THE defence of the petitioner was that he attend his duty as Conductor on 15.4.1984, while going from Ranchi to Chainpur but on return journey, on 16.4.1984, in the early morning itself he fell sick and then he was hospitalised in a local Primary Health Centre at Chainpur itself and he remained there till 17.4.1984, for treatment of his pain in abdomen and, therefore, he was not present at the relevant date and time when the Bus was checked by the Traffic Inspector on 16.4.1984. He had handed over the Counter Booking Challan to the Driver of the Bus, namely, Md. Ismail.;