SANJIV KHANNA, J.

( 1 ) THE appellant-Mr. Ramesh Kumar was working as a Conductor in DTC.

( 2 ) ON 14th October, 1991 checking staff of four persons found that ten passengers had paid Rs. 10/- to the appellant but the appellant had not issued them any ticket. It was also found that the said passengers had been short-charged by Rs. 5/ -. Statements of the passengers were recorded in writing. When confronted, the appellant admitted his mistake and gave ten unpunched tickets of value of Rs15/- to the ticket checking staff. The checking staff also tried to verify the cash available in the bag of the Conductor but the conductor threw some money out of his bag.

( 3 ) ON the basis of the reports submitted by the checking staff, departmental proceedings were initiated. The Enquiry Officer in his report dated 3rd January, 1992 held that all the charges against the appellant stood proved. The Enquiry Officer also referred to the past record of the appellant that he had earlier twice accepted money from the passengers but had failed to issue the tickets. By Order dated 5th February, 1992, the appellant was removed from service. Simultaneously, an application under Section 33 (2) (b) of the