Hon'ble Suneet Kumar,J.

1. Sri Arun Kumar Singh- I, learned counsel for the petitioner and Sri Ajai Kumar Srivastava holding brief of Sri Samir Sharma, learned counsel for respondents.

2. The petitioner was working as a conductor under U.P. State Road Transport Corporation Ltd (U.P.S.R.T.C.). and was posted in the office of Assistant Regional Manager, U.P.S.R.T.C., Cantt. Depo, Varanasi. The petitioner on 30.10.2006 was issued a charge sheet alleging therein that he had absented from duty without any information thus his conduct is against the rules of the Corporation. The petitioner submitted his reply stating that he had informed the diesel clerk before leaving the office and had also made an application to the concerned officer. The enquiry officer, after recording the statement of the witness, came to the conclusion that the petitioner had absented without information and proposed the penalty of dismissal from service.

3. Show cause notice dated 17.05.2007 alongwith enquiry report was issued to the petitioner and the petitioner submitted his reply on 05.07.2007 denying the allegations and reiterated his reply and further stated that on return to duty he had submitted app