G.S.SINGHVI, T.H.B.CHALAPATHI
Municipal Corporation – Appellant
Versus
Presiding Officer, Labour Court – Respondent
G. S. Singhvi, J.
1. Award dated November 3, 1993, passed by the Labour Court, Amritsar, is being challenged in this petition filed by the Municipal Corporation, Amritsar. In order to decide whether the impugned award suffers from an error of law so as to require our interference in exercise of certiorari jurisdiction under Article 226 of the Constitution of India, we may make brief reference to the facts.
2. Respondent No.2 joined service of the State Transport, Punjab on January 19, 1978 on his appointment as a conductor. His services were subsequently taken over by the Municipal Corporation, Amritsar. A domestic inquiry was initiated against respondent No.2 vide charge-sheet dated June 20, 1984 on the allegation that he has collected Rs.3.40 from 5 passengers without issuing tickets to them and had thus committed embezzlement of the Corporation funds. A detailed inquiry was held by Sh. J. S. Juneja, S. D. O. (Electricity,) who submitted a report that one part of the charge has been proved and the other part of it has not been proved. On the basis of this report a show-cause notice (Annexue P1) was issued to Respondent No.2 with a proposal to remove him from service. Resp
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