$~P-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 30.04.2025.

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+ W.P.(C) 3419/2012 RAJPAL .....Petitioner Through: Mr. M.K. Bhardwaj, Mrs. Priyanka M. Bhardwaj, Mr. Maria Mugesh Kannan & Mr. Himanshu Bhardwaj, Advocates.

versus GM HARYANA ROADWAYS, DELHI .....Respondent Through: Mr. Devender Kumar Saini, Advocate. [M:-9868070910, 8588814210]

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

JUDGMENT

1. By way of this petition under Article 226 of the Constitution, the petitioner assails a disciplinary order dated 30.11.2010, and an appellate order dated 11.08.2011, by which the original disciplinary order was modified.

A. Facts

2. The petitioner worked as a bus conductor with the respondent – Haryana Roadways, since the year 1981. At the time of the incidents mentioned in the disciplinary proceedings, he was posted with the respondent in Delhi.

3. A chargesheet was issued to the petitioner on 10.01.2006, under Rule 7 of the Haryana Service (Penalty & Appeal) Rules, 1987, on the Signature Not Verified Signed By:SOMYA W.P.(C) 3419/2012 Page 1 of 13 following Articles of Charge:

“It has been reported by the Inspectors of this Unit against you Shri Rajpal, Conductor No. 134 that on 4.1.2006, you were on duty at vehicle No. 5641 from Kharkhoda to Bahadurgarh route, which was inspected (checked) at Khurmpur Turn. On inspection, it was found that three passengers from travelling from Kharkhoda to Khurmpur Turn, you had charged total rent at the rate of Rs. 4/- per passenger and had not issued tickets to them and thus, have committed fraud of Rs. 12/-. Three passengers were travelling from kharkhoda to Bahadurgarh, you had charged Rs. 14/- per passenger from them and had not issued tickets to them, thus you had committed fraud of Rs. 42/- of the Government money, in addition to above, eight (8) passengers who were travelling from Kharkhoda to Jasor Kheri, you did not recover the fare from them and while getting down, you were to charge total Rs. 56/- from them at the rate of Rs. 7/- per passenger because on demanding tickets by the passengers, you asked them that you will give tickets to them later. Thus, you had committed fraud of the Government fund of total Rs. 110.00 (12 + 42 + 56). Inspectors charged total Rs. 56/- from these eight passengers and got deposited this amount in the Cash branch of Bahadurgarh. You snatched Way Bill from the hands of the Inspectors and refused from giving unpunched tickets and misbehaved as well.”

4. In summary, the charges against the petitioner were that, while he was on duty on 04.01.2006, the vehicle was inspected and it was found that :-

A. Three passengers had been charged Rs. 4 each without issuance of tickets, amounting to a fraud by the petitioner of Rs. 12.

B. Three passengers had been charged Rs. 14 each, but no tickets were issued to them, leading to an allegation of fraud against the petitioner of Rs. 42.

C. The petitioner did not charge eight passengers at all, who ought to have been charged Rs.7 per passenger, leading to a fraud of Rs.56.

On the basis of these allegations, the chargesheet alleged fraud of Rs.110 by the petitioner against the government exchequer.

Signature Not Verified Signed By:SOMYA W.P.(C) 3419/2012 Page 2 of 13

5. An inquiry was held, pursuant to which the Inquiry Officer submitted a report, which has been placed on record as Annexure P-3 to the writ petition¹. The inquiry report records that both sides were called on 12.08.2009. Details of the proceedings are enumerated, as follows:

(a) The joint statement of two witnesses, being the Inspector and the Deputy Inspector, were recorded.

(b)After recording the statements of the witnesses, it was noted that the conductor (i.e., the petitioner herein) was then given the opportunity to examine the two witnesses, and the questions and answers are available on the file.

(c) The Inquiry Officer also asked some questions to the Inspectors, which were also stated to be available on the file.

(d)Thereafter, the petitioner’s statement was recorded,