S.N.Jha, J.

1. The petitioner, who was in employment of the Bihar State Road Transport Corporation (in short the Corporation) as Conductor, was dismissed from service in a departmental proceeding. He has challenged the order of dismissal dated 26-7-1984 passed by the Chief of Administration of the said Corporation, as also the order passed by the Chairman-cum-Managing Director, dated 16-12-1986, on his representation against the said order of dismissal. Copies of the aforesaid two orders have been marked as Annexure 2 and 1, respectively, to the writ petition.

2. A departmental proceeding was instituted on the basis of certain charges as contained in Annexure 9 alleging that on 19-3-1983 bus No. BHQ 708, of which he was the Conductor, was checked by the Central Squad and 23 passengers were found traveling without tickets out of 39 passengers, ft was also alleged that he had realized fare from; 5 such unbooked passengers without issuing tickets to them. The Inquiry Officer submitted his report on 24-4-1984 holding that the second charge, namely, pre-realization of fare from 15 unbooked passengers had not been proved. However, according to Inquiry Officer the first charge was