JUDGMENT - R.J. KOCHAR, J.:---The petitioner is a statutory Corporation established under the provisions of the Bombay Provincial Municipal Corporations Act, 1949 and is running a Transport service within the area of Pimpri Chinchwad Municipal Corporation.

2.The respondent employee was in employment of the petitioner as a Conductor since 1981 with some oral warnings on number of occasions about his unsatisfactory work. It appears from the record that on 16-12-1984 the respondent was on duty as a Conductor in a bus on route No. 305/1 which was to run on the route of Vadgaon Maval. It further appears that the said bus was checked by the Ticket Checkers and it was found that the respondent had received the amount of bus fare from 5 passengers but had not issued to them any tickets and that it was further found that he was having an amount of Rs. 65.95 in excess of the sale value of the tickets already issued. He was suspended from service from 9-1-1985 and was also served a charge sheet on 5-2-1995 wherein the charge of misappropriation of money belonging to the petitioner and the charge of insubordination was levelled against the respondent. It further appears that after a domestic

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