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2015 Supreme(Bom) 1020

RAVINDRA V.GHUGE
Rohidas Premchand Bhagat – Appellant
Versus
Divisional Controller, Maharashtra State Road Transport Corporation, Kothla, Sarjepura, Ahmednagar – Respondent


Advocates:
Advocate Appeared:
For Petitioner: Shri Nangare Prashant R.
For Respondent: Shri Bagul D.S.

JUDGMENT

1. Shri Bagul, learned Advocate waives for the sole respondent.

2. Rule.

3. By consent, Rule is made returnable forthwith and heard finally by the consent of the parties.

4. The petitioner assails the judgment and award of the Labour Court, dated 24.11.2014 in Reference (IDA) No.22 of 2011. The strenuous contentions of Shri Nangare for the petitioner are as follows:-

(a) The petitioner jointed as a Bus-conductor on 1.11.1989 with the respondent.

(b) On 22.10.2008, while the petitioner was on duty, the flying squad of the respondent caused a surprise check of the Bus at Patoda.

(c) It was noticed that the petitioner had collected fare of Rs.14/- from one Sr. Citizen lady passenger, but had issued a ticket of Rs.5/- only.

(d) Cash amount of Rs.11/- was found in excess.

(e) The petitioner was charge sheeted on 22.10.2008 under clauses 7(a) and (j), 11, 12(b) and 22 of the Discipline and Appeal Rules.

(f) The petitioner submitted his explanation to the charge sheet on 8.11.2008. Thereafter, a departmental enquiry was commenced.

(g) Upon conclusion of the enquiry, the petitioner received a show cause notice dated 7.1.2010 along with the report of the enquiry officer calling upon him to ex















































































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