Two petitions have been filed under Articles 226 and 227 of the Constitution of India, one by the employer - Maharashtra State Road Transport Corporation and the second by the workman. Both the petitions will be governed by this order. The petitions have been taken up for hearing and final disposal and Learned Counsel have been heard by consent.

2. The workman in question, was a conductor employed by the Maharashtra State Road Transport Corporation. A chargesheet was issued on 31st March 2003 on an allegation of misconduct. The misconduct alleged is that the workman was on duty on 29th March 2003 on the Baramati Bhigwan route when the bus came to be checked by the checking squad at Shetfal. However, of the nine passengers who were travelling in that bus, it was found that three alighted at Shetfal and six passengers remained. From three passengers who were travelling from Baramati to Bhigwan, the workman recovered Rs.30/- by issuing tickets of Rs.10/-each. Those tickets were found to have been re-issued and the workman committed misappropriation of Rs.30/- by giving same tickets to other three passengers. The workman issued tickets to other three passengers who were trave