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2005 Supreme(SC) 1473

RUMA PAL, P.K.BALASUBRAMANYAN
U. P. S. R. T. C. – Appellant
Versus
Mahendra Nath Tiwari – Respondent


Judgment

P.K. Balasubramanyan, J.—Leave granted.1. The respondent herein was appointed conductor of a bus by the Uttar Pradesh State Road Transport Corporation (hereinafter referred to as “U.P.S.R.T.C.”). On the allegation that he was found to be driving the bus URO 7908 and that no ticket had been issued to a lone passenger found in the bus and he had in his possession used tickets, disciplinary proceedings were initiated against the respondent. A domestic enquiry was got conducted through a retired judicial officer. He found that the respondent was unauthorisedly driving the bus and that no ticket had been issued to a lone passenger sitting in the bus when the checking party inspected the bus. He also found that the respondent had in his possession 12 used tickets. Based on the finding at the enquiry and after hearing the respondent, U.P.S.R.T.C. imposed a punishment of removal against the respondent.

2. At the instance of the respondent, the matter was sent to the labour court. It was numbered as Adjudication Case No. 259 of 1991. The Presiding Officer found that the domestic enquiry relied on by the U.P.S.R.T.C. was not proper. The parties were given an opportunity to lead eviden








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