(1) UPON hearing learned counsel for the parties, we are satisfied that the punishment of dismissal from service is wholly disproportionate to the nature of charge proved. The appellant was a Conductor of the Roadways and he was subjected to a disciplinary enquiry on a serious charge of pilferage but the charge is not proved. The only charge proved is that there was failure on his part to issue a ticket for Rs. 5.00 for a 21 years old child. We are inclined to think that for this solitary lapse the appellant could not be dismissed from service.

(2) WE grant special leave and accordingly the appeal is allowed. The judgment and order of the High court and also the impugned order of the General Manager, Punjab State Road Transport Corporation dated 1/09/1978 directing the dismissal of the appellant from service are set aside and instead we direct his reinstatement in service but without any back wages or allowances. There shall however be no break in continuity of service for purposes of pension and other benefits, including seniority.

(3) THE appeal is disposed of accordingly with no order as to costs. Tin Special Leave Petition No. 10114 of 1983