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CHANDRA KUMAR RAI
Uttar Pradesh State Road Transport Corporation – Appellant
Versus
Ram Prakash – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Sarveshwar Lal Srivastava, learned counsel for the petitioner / U.P. State Road Transport Corporation and Mr. Jamal Ahmad Khan, learned counsel for respondent no.1
2. Brief facts of the case are that respondent no.1 was appointed as Conductor in 1989 in the petitioner-corporation. On 13.3.2010 respondent no.1 was carrying a bus no.U.P.81AA-9326. An inspection was conducted by the officer of the petitioner-corporation and it was found that 8 passengers out of 22 passengers were traveling without tickets from Jaipur to Ajamer, accordingly, a charge-sheet dated 30.3.2010 was issued to respondent no.1. Respondent no.1 filed his reply denying the charges leveled against him stating that his bus was intercepted by checking the staff when the bus was at toll plaza on Soron, Ajmer Road and respondent no.1 was in process of preparing the tickets but the inspector has taken possession of the ATM Machine from the hand of respondent no.1 and issued tickets to the passengers after collecting fair. Petitioner-corporation did not consider the reply submitted by respondent no.1. Departmental enquiry was conducted and show cause notice dated 14.12.2010 alo
Reinstatement with back wages is the norm in wrongful termination cases, subject to considerations of misconduct and employment status.
Point of law : The enquiry was held without any basis and complaint and the charges could not be proved by the petitioners in the domestic enquiry as well as before the tribunal on opportunity given.
The court emphasized the necessity of compliance with interim orders, ruling that non-compliance justified the dismissal of the writ petition.
workman has retired from the services and, therefore, whatever benefit is available to the workman, after her retirement, needs to be granted to her due to the order of reinstatement with continuity ....
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