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2000 Supreme(Kar) 438

G.C.BHARUKA, MANJULA CHELLUR
NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, HUBLI – Appellant
Versus
S. S. POLESHI – Respondent


Advocates:
P.K.NAVADGI, V.MUKUND MENON

G. C. BHARUKA, J.

( 1 ) THIS intra court appeal has been preferred by the north west Karnataka road transport corporation against the order dated October 11, 1999 passed in W. P. No. 37003 of 1999 by the learned single judge directing reinstatement of the respondent-conductor but with denial of 75% back wages from the date of the order of dismissal till the date of reinstatement.

( 2 ) THE respondent is employed with the appellant-corporation as conductor. On July 15, 1993, when the bus bearing No. 3905 plying on the route talikote-godakhandi, which he was conducting, was intercepted and inspected by the checking squad. It was found that he had failed to issue tickets to 6 passengers out of 33 passengers travelling from talikote to fatepur despite collection of fares. On being examined, the passengers stated that though fare was collected from them by the respondent-conductor but he had failed to issue tickets. Accordingly, he was subjected to disciplinary proceedings. In the duly conducted enquiry, the charges of non-issue of tickets and non-compliance of Rule 'issue and start' against him were found established and therefore he was subjected to major punishment of dismissal from


















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