IMPORTANT POINT
In cases involving corruption there cannot be any other punishment than dismissal.

JUDGMENT

Dr. B. S. Chauhan, J. —

1.Both these appeals have been preferred against the impugned judgment and order of the High Court of Uttaranchal at Nainital in Writ Petition No. 4143 of 2001 by which the Writ Petition filed by the Respondent-employee of the U.P. State Road Transport Corporation (hereinafter referred to as the ‘Corporation’) has been allowed directing his re-instatement in service, but without back wages. The Corporation has filed appeal being aggrieved of the order of re- instatement and reversal of the Award of the Labour Court dated 28.4.1995, while Civil Appeal No.3088 of 2007 has been preferred by the employee Shri Suresh Chand Sharma claiming full back wages.

2.Facts and circumstances giving rise to these appeals are that the said employee while working as a Conductor on bus No.UTL-9194 on the route Haridwar-Rishikesh was found, on checking on 24.5.1987, carrying 13 passengers without ticket from whom he has already recovered the fare and on 10.5.1988 on bus No.UGA-9059 on which he was working as a Conductor, 10 passengers were found without ticket. However, the employee had already recovered the fare from them. The Corporation served charge sheets upon the employee on 16.5.1988 and 7.7.1988 in respect of the mis- conducts dated 10.5.1988 and 24.5.1987. Employee submitted his reply to the charge sheets. However, the management not being satisfied with his reply decided to proceed with the regular enquiry and one Shri H.L. Saxena, a retired I.F.S. Officer was appointed as Enquiry Officer. The enquiry was conducted on both the charges giving full opportunity of hearing/defence to the employee. Enquiry Officer submitted the enquiry report wherein charges in respect of both the misconducts had been found proved. The Disciplinary Authority accorded its concurrence thereto. The management served the copy of the enquiry report and issued a second show cause dated 14.12.1988 to the employee to which he submitted his reply on 9.1.1999. The Disciplinary Authority was not satisfied with his reply and after considering the material on record, the Authority passed the punishment order dated 29.1.1989 dismissing the employee from service.

3.Being aggrieved, the Employee preferred a Departmental Appeal which was duly considered by the Appellate Authority and rejected vide order dated 21.3.1990. The Employee raised an industrial dispute and thus, the matter was referred by the Appropriate Government to the Labour Court vide reference dated 19.12.1991 to the following effect:

“Whether the termination of the services of the applicant/workman Shri S.C. Sharma s/o Late Shri Om Prakash, conductor by the employer from 29.1.1989 is unjustified and/or illegal? If so, which benefit/compensation the applicant/workman is entitled and to what extent?

4.Both the parties appeared before the Labour Court, filed their replies and affidavits. Both parties filed documentary evidence and also led oral evidence and advanced submissions in support of their respective cases. The Labour Court considered all aspects and vide Award dated 28.4.1995 held that enquiry had been held strictly in accordance with law and both the charges in respect of both the incidents were found duly proved. Therefore, the employee was not entitled to any relief whatsoever.

5.Being aggrieved, the employee challenged the Award by filing C.M.W.P. No.9129 of 1996 before the High Court of Judicature at Allahabad which was transferred to the High Court at Nainital after Re-organisation of States and the said transferred case was registered as Writ Petition No. 4143 (M/S) of 2001. The High Court allowed the Writ Petition partly vide impugned judgment and order dated 7.9.2005 and directed the re-instatement of the employee without back wages. Hence, these appeals.

6.We have heard Shri Suraj Singh, learned counsel appearing for the Corporation and Dr. J.N. Dubey, learned senior counsel appearing for the employee. Large number of submissions have been made by the parties and it has