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CHANDRA KUMAR RAI
U. P. S. R. T. C. – Appellant
Versus
Hari Shankar Verma – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Sunil Kumar Mishra, learned Counsel for the petitioner and Dr. Rajesh Kumar Srivastava, learned Counsel for respondent No. 1/1 to 1/4.
2. Brief facts of the case are that respondent No.1 was appointed on the post of Conductor in the petitioner/Corporation in the year 1980. On 12-11-1988, respondent No. 1 was driving bus number USY-8753 on Khurja-Haridwar route. The bus was checked and 12 passengers were alleged to be found traveling without ticket and in the checking made on 25-03-1989 in the aforementioned bus and 4 passengers were again alleged to be found traveling without ticket. In disciplinary proceeding, charge sheet was issued to respondent No.1 and reply was submitted by respondent No.1. The Disciplinary Authority/ Regional Manager vide order dated 14-04-1991 passed the order of removal of service of respondent No.1. An industrial dispute raised by respondent No.1 was referred for adjudication vide reference order dated 23-08-1993 as to whether the order of removal of service of respondent No.1/Hari Shankar Verma Conductor dated 11-04-1991 is just and legal. The aforementioned reference was registered as Adjudication Case No.462 o
The court emphasized the necessity of compliance with interim orders, ruling that non-compliance justified the dismissal of the writ petition.
Reinstatement with back wages is the norm in wrongful termination cases, subject to considerations of misconduct and employment status.
The court ruled that a nine-year delay in raising an industrial dispute does not automatically render the claim stale, but the punishment for absenteeism must be proportionate to the misconduct.
The main legal point established in the judgment is that the termination of services was illegal and unjustified, and the principles of 'last come, first go' were not followed. The court also emphasi....
The High Court's role under Article 226 is not to re-evaluate evidence but to ensure that disciplinary proceedings comply with established legal standards and natural justice.
The court reinforced that a history of misconduct and undue delay in challenging an award limits entitlement to relief in service matters, aligning with principles on delay and laches.
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