BASHIR AHAMMED ABDUL Vs. DIVISIONAL CONTROLLER NORTH

JUDGEMENT

(1.) The case of the appellant is that he was working as a conductor with the respondent-Corporation. On 07.07.2000 while he was conducting bus bearing No. KA-25/F-1169 between Cancer Hospital to CBT Stage-1, Hubballi, the bus was subjected to inspection at Bhairidevarakoppa. It was found that there were 25+2+8 passengers travelling in the bus, six of them were travelling in a group without tickets. The appellant had neither collected the requisite fare of three from each of them nor had issued the tickets. The ticketless passengers were penalised. A detailed report was submitted to the Disciplinary Authority. Thereafter, articles of charges were framed. The same were replied to by the appellant. It was his plea that on the said day some passengers had boarded the bus and at that time there was heavy rain and there was traffic jam. He was under the impression that the said passengers were travelling from Bhairidevarakoppa. But the inspector thought that the said passengers had boarded the bus much earlier and demanded the tickets. The passengers informed the inspector that they had boarded the bus there itself.

(2.) Evidence was lead in by both sides. An enquiry report was submitted holding that the charges have been proved. A second show cause notice was issued. Thereafter, the appellant was dismissed from service. Aggrieved by the same, he challenged the dismissal order before the Labour Court, wherein by order dated 203.2005, the petition was dismissed. Questioning the same, the appellant filed Writ Petition No. 2646 of 2006. By the impugned order, domestic inquiry was held to be fair and proper and the writ petition was dismissed. Hence, this appeal.

(3.) Learned counsel for the appellant Shri. Ashok I. Badiger, contends that the order passed in the enquiry is inappropriate. There is material to indicate that the Inquiring Officer committed an error, in not considering the evidence led in by the appellant. The same is disputed by the respondents.