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1978 Supreme(MP) 86

A.R.NAVKAR, A.P.SEN
MOHAMMAD KHAN NOOR KHAN – Appellant
Versus
M P S R T CORPN BHOPAL – Respondent


Advocates Appeared:
H.N.UPADHYA, S.K.DUBEY,

JUDGMENT :

( 1. ) THE petitioner was a Tyre care taker employed in the m P. State Road Transport Corporation at its Morena Depot and held this post till 20-8-1975. On 5-4-1975, he was detected travelling without a ticket in bus No. 9295 belonging to the Corporation. On the same day, he was produced before the Mobile Court, Gwalior. The petitioner admitted his guilt and was convicted for having committed an offence punishable under section 6 of the M. P. Rajya Sadak Parivahan Seva (Bina Ticket Yatri Ki Rok) Adhiniyam, 1974 and sentanced to pay a fine of Rs. 10. 35, or in default, to undergo simple imprisonment for a period of ten days.

( 2. ) THE Corporation, by its order dated 20-8-1975, accordingly terminated the services of the petitioner under Regulation 109 of the M. P. State Road transport Corporation Employees Service Regulations, 1964, which reads thus:

"109. Notwithstanding the provisions of Regulation 69, the services of an employee, if he has been convicted in a Criminal Court or has been declared insolvent by a competent Court, shall be liable to be terminated without notice. "

( 3. ) IN exercise of the powers conferred by section 45 of the Road Transport Corporation Act, 19























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