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2024 Supreme(All) 1030

SALIL KUMAR RAI
Aditya Kumar Mishra – Appellant
Versus
State Of Uttar Pradesh Road Transport Corporation, Head Quarters Tehri Kothi,Thru. Its Managing Director – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mohd. Ali
For the Respondent: Ratnesh Chandra

JUDGMENT :

Hon'ble Salil Kumar Rai,J.

1. Heard Shri Mohd. Ali, counsel for the petitioner and Shri Ratnesh Chandra, Advocate, representing the Uttar Pradesh State Road Transport, Corporation.

2. The petitioner was employed as conductor with Uttar Pradesh State Road Transport, Corporation (hereinafter referred to as, ‘Corporation’). On 1.11.2013, the petitioner was on duty in a 32 Seater Bus No. UP 57 T 2765 plying on the Gorakhpur-Padrauna route. The bus was inspected in mid route by a team led by the Transport Superintendent, Gorakhpur Region. The inspection team found that nine passengers in the bus were travelling without ticket.

3. On 2.11.2013, the inspection team submitted a report to the Regional Manager of the Corporation stating that, on inspection, nine passengers in the bus were found to be without ticket even though they had paid the fare. In his report, the Regional Manager noted that the nine passengers had deposed orally but had refused to give any written statement. It is relevant to note that the report does not disclose the contents of the oral statements of the nine passengers. The report also does not refer to any evidence in support of the finding that the petition

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