L. NARAYANA SWAMY, J.

1. The petitioner joined the services of the respondent as a conductor in 1982 and thereafter he has been confirmed in the said post. On 20.11.2008, the petitioner was issued with a charge sheet that he did not issue ticket to three passengers and not collected the fare of Rs. 25/- each, which amounts to serious misconduct. It is also stated that the petitioner had a history of 125 such cases.

2. On service of charge sheet, the petitioner made representation in the form of objection that there were only 31 passengers, he had issued tickets and collected fare from all 31 passengers. However, contrary to it, the Inspecting Authority found 40 passengers of which three passengers were not issued tickets.

3. Enquiry has been held and the petitioner has been dismissed from service in the year 2009.

4. The order of dismissal was subject matter before the Labour Court, Bengaluru in ID No.35/2009. The Labour Court held domestic enquiry as fair and proper. It was the case of the petitioner that enquiry has not been properly conducted and evidence of WW-1 and WW-2 has been erroneously held contrary to each other. The petitioner who was examined as WW-1 has deposed