O.CHINNAPPA REDDY, J.

1. This case has been referred to a Full Bench by Narula, C. J. and Tiwana, J., as it was thought that the observations of a Division Bench of this Court in Tarlochan Singh V/s. State of Punjab, 1975 0 CurLJ 1 were very wide and that the decision in that case required reconsideration. The respondent was a conductor in the Haryana Roadways, Rohtak. There was a disciplinary enquiry against him. Two charges were made. The first was that on 21st May, 1970, when he was on duty on Bus No. 1346 he failed to issue tickets to forty passengers from whom he had collected full fare and that he had embezzled the amount so collected. The second charge was that when checked he had in his pocket punched tickets of various denominations. His defence in regard to the first charge was that a large number of passengers had got into the bus at Rewari and that while he was issuing tickets to the passengers as fast as he could, the bus was stopped at Tankri village by the Central Flying Squad for checking. He told the checkers that the bus was overloaded, that he had not collected the fare from the passengers and that he had yet to issue tickets. It was false to say that he