JUDGMENT :

H.K. Rathod, J.

Heard learned Advocate Mr. A.M. Dagli for the petitioner and Mr. I.S. Supehia for the workman.

2. By filing of this petition under Article 227 of the Constitution of India, the petitioner is challenging the order passed by the Tribunal in Approval Application No. 203 of 2003 in Reference (IT) No. 37 of 2000 in order dated 17.11.2003 below Exh. 22 with a further prayer to allow the application as prayed for.

3. According to the corporation, the respondent was an employee working as a conductor. On 22.8.2000, respondent was on duty on the route from Gandhinagar to Juna Kandla and the bus was checked by the line checking staff wherein it was found that from 7 1/2 passengers of different group from New Kandla to Port Colony and from 4 1/2 passengers of different group going from new Kandla to Thermal, an amount of Rs.29.00 at the rate of Rs.2.50 were recovered towards fare but the tickets were not issued to them upto the point of checking and way bill was not closed. At the time of checking, four passengers in the bus were having tickets and 11 1/2 passengers were not given tickets though amount of fare was recovered from them. In respect of the said charge, depa