Judgment

Arijit Pasayat, J.—Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court in a review application.

2. Factual background in a nutshell was as follows:

The respondent who was appointed as a conductor of the appellant-Corporation during inspection on 5.6.1989 he was found not to have issued tickets to the passengers. He was placed under suspension on 20.6.1989. The reply submitted by him was found to be unsatisfactorily and it was decided to conduct disciplinary enquiry. After conducting the enquiry, the enquiry officer submitted his report wherein charges were held to have been proved against the respondent. A show cause notice was issued to the respondent proposing to award the punishment of removal from service and after considering the reply submitted to the show cause notice and other relevant record, the appointing authority passed an order removing him from service. An industrial dispute was raised by him questioning the legality of the order dated 31.12.1990. The labour court held that the enquiry was not conducted in a fair manner. However, being of the view that the respondent was not in the list of permanent conductors,