JUDGMENT

Dr. AR. Lakshmanan, J. - Leave granted.

2. The Department Manager A.P.S.R.T.C. is the appellant in this appeal. The respondent joined as cleaner in the APSRTC (in short the Corporation) on 02.10.1976. While working as mechanic, he was involved in a serious case of theft. On 23/24.08.1986, while working in the night shift, he committed a theft of Fuel Injection Pump. This apart, he was also involved in stealing an alternator bearing while working in the night shift on 11.09.1986.

3. He also unauthorisedly entered into the tyre section of the depot and stole a new tube of 900 x 20 size on 23/24.09.1986. A sponge sheet was also stolen from the garage of Gajuwaka Depot, where he was working. A charge-sheet was issued to the respondent framing four charges.

The charges are as under:

1.For having stolen the Corporation property of fuel injection pump bearing No. AVD 2305 which was fitted to the engine No. 170207 during the night shift on 23/24.08.86 in the garage which constitutes misconduct under Reg. No. 28(x) of APSRTC Employees conduct, Reg.1963.

2.For having stolen the Corporation property of an alternator bearing No. 3440 during the night shift of 11.09.86 when it was fitted to