Hon’ble Siddharth, J.—Heard Sri R.K. Yadav, learned Counsel for the petitioner and Sri U.S. Singh Visen, learned Counsel for the respondents.

2. The petitioner while working as conductor in the respondent corporation was charge-sheeted by means of 2 charge-sheets dated 3.1.1992, alleging irregularities and misconduct in issuing tickets to the passengers. The petitioner filed his replied dated 29.2.1992 and 6.4.1992 respectively to the 2 charge-sheets. The Disciplinary Authority directed enquiry into the charges by appointing an Enquiry Officer who submitted his 2 enquiry reports dated 28.6.1993 and 2.6.1993. The respondent No. 3, the disciplinary authority, passed punishment order dated 28.2.1995 against which the petitioner preferred a departmental appeal, which was rejected by the appellate authority by his order dated 27.10.1995 and by the Reviewing Authority by his order dated 8.10.1996.

3. The petitioner has submitted that the enquiry against him was illegal since he was not given any opportunity to examine and /or cross-examination of any witness. The Enquiry Officer did not exhibit any material documents relied upon the respondents and none of the documents were proved. There was no monitory loss caused to the Corporation. None of the Drivers were examined in support of the charges nor the various checking authorities were examined before the Enquiry Officer. The entire enquiry was vitiated and the punishment order of removal passed on the basis of such enquiry was absolutely illegal.

4. The respondents have filed their Counter-affidavit stating that the petitioner was charge-sheeted for not issuing tickets to the passengers and for misappropriating the money causing loss to the Corporation. He was habitual offender. The enquiry was conducted into the charges against him in accordance with law and on its basis the punishment order was passed, which was confirmed by appellate and revisional authorities.

5. The petitioner has filed a Rejoinder-affidavit annexing therewith the copy of the Second Show-cause Notices dated 12.12.1004, reply of the petitioner to the notices dated 1.1.1995.

6. The requirements of a valid disciplinary enquiry by an Enquiry Officer appointed by the Disciplinary Authority, as culled out from Rules of Disciplinary Inquiry of various Departments, are as follows :

How to proceed with the enquiry: functions and duties of the Enquiry Officer

(a). To prepare a record sheet. The first thing to do at the outset is that the Enquiry Officer should prepare a record sheet of the proceeding in which he has to record the names and designations of all the persons called for to attend the enquiry and the capacities in which they are attending.

The date, time and place of the enquiry should also be noted.

(b). To get confirmation from the employee of the receipt of charge-sheet and notice of the enquiry. In case no explanation to the charge-sheet has been received from the accused employee, it would be necessary to get confirmation whether the charge -sheet has been received by the accused, and whether the notice of the enquiry has been duly received by him.

The charge-sheet as well as the notice should be marked as exhibits.

(c). To explain to the accused the charges leveled against him. The Enquiry Officer should then explain to the workman the charges leveled against him in the language the accused understands, or get this explained by an interpreter if the Enquiry Officer is not conversant with that language. Explanation to the charges if any submitted by the accused should also be read out, and the accused asked if he has anything to state in addition to what he has already stated in his reply to the charges. This should also be marked as an exhibit.

(d). To record the additional statement further to the explanation, if any. The Enquiry Officer should record whether the accused has got to say in elaboration of, or in addition to, the explanation made by him. Any thing thus stated by the accused at thi