V. S. Deshpande, C. J.

( 1 ) TWO principles fundamental to domestic inquiries are competitive for recograition and application to the facts of this case. The first plinciple is that if the findings arrived at after the domestic inquiry are based on evidence which has probative value, then there can be no judicial review of these findings on merits and they are final. The second one is that no material or evidence produced against the person against whom the inquiry is held can form the basis of a finding against him unless, he had an opportunity of rebutting such material or evidence. If the evidence consists of the statement of a witness, then the witness should be made available for being cross-examined. If he is not so made available, his statement which is not tested by cross examination, cannot be relied upon to sustain an adverse finding in the inquiry.

( 2 ) RESPONDENT No. 2, Mohinder Singh, was employed as a Conductor on a bus belonging to the appellant, Delhi Transport Corporation On 10. 6 1971 the bus of respondent No. 2 was checked by the officials of the appellant. A passenger named Ajit Singh was accosted by the checking staff when he alighted from the bus. He was foun

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