( 1 ) THE U. P. State Road Transport corporation is in appeal against the summary rejection of the petition under Article 226 of the Constitution filed by the corporation. The respondent no. 1 being an employee of U. P. State Road Transport corporation moved the Labour Court against an order of termination and the Labour court though sustained the charges of misconduct of the respondent no. 1 but retracted the said order of termination and imposed a minor penalty in regard to gross acts of misdemeanor. Unfortunately, however, by reason of the summary rejection of the writ petition, no reason whatsoever is available on record and as such it would be convenient to advert to the factual details at this juncture to appreciate the contentions raised in the matter.

( 2 ) ON the factual score, it appears that the respondent no. 1 was appointed in the U. P. State Road Transport corporation in the post of Assistant storekeeper in the year 1980. In early october, the aforesaid respondent no. 1 was transferred to the post of Store-keeper in Kashi Depot of the appellant-Corporation. Whilst posted at Kashi, respondent no. 1 was, however, found guilty of misappropriating the property of corporat