UMESH C.BANERJEE, S.B.MAJMUDAR, S.S.M.QUADRI
U. P. State Road Transport Corporation – Appellant
Versus
Bhagwati Prasad Pathak – Respondent
( 1 ) IN this appeal the management of u. P. State Road Transport Corporation has brought in challenge the order passed by the learned Single Judge of the High court granting 50 per cent of back wages to the respondent,- workman from the date of his removal from service i. e. 25/9/1975 till the date of his superannuation at the age of 58 years. In addition thereto, it is also directed that the respondent will be entitled to the pensionary benefits in accordance with rules.
( 2 ) A few facts leading to the filing of the appeal are required to be noted at the outset. Respondent at the relevant time in the year 1971 was working as an Assistant cashier in one of the depots of the appellant- Corporation. It is stated that on 3/12/1971 on verification of cash it was detected that a sum of Rs. 5,983, 62. 00 was less. He was therefore, placed under suspension on 7/12/1971. Subsequently, he was charge-sheeted on 23/10/1973 and after domestic enquiry it was found that he was guilty of embezzlement of funds. A show cause notice proposing the punishment of removal from service was issued to the respondent-workman on 9/6/1975 and ultimately he was ordered to be removed from service. Thereafter,
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