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Judgment reserved on: 24.12.2025

Judgment delivered on: 10.01.2025

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition No. 1 01 (S/S) of 2017

Smt. Ganga Joshi -------Petitioner

Versus

Uttarakhand Parivahan Nigam and others

-----------Respondents

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Presence:-

Mr. M.C.Kandpal, learned Senior Counsel assisted by Mr. Devesh

Kandpal, learned counsel for the petitioner.

Mr. Ashish Joshi, learned counsel assisted by Mr. Shobhit Joshi,

learned counsel for the respondents.

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Hon’ble Mr. Subhash Upadhyay, J.

The petitioner who is aggrieved by the

termination of contractual engagement as a Conductor

has filed the present writ petition challenging the

impugned order dated 26.03.2011 on the ground that the

same is based on the alleged misconduct and the said

order being stigmatic in nature is liable to be quashed as

the same has been passed in utter violation of the

principles of natural justice without conducting any

inquiry. The petitioner has further prayed for considering

her case for regularization on the post of Clerk looking

into her past services.

2. The brief facts of the case as narrated in the

Writ Petition are as follows:

The petitioner after completing the

apprenticeship training (clerk) at the Corporation Office

1

at Nainital from 21.10.1986 to 15.03.1988 was engaged

as a Conductor on 09.07.1998 on contractual basis and

was to be paid 0.35 paisa per kilometer. The petitioner

deposited Rs. 2000/- as security amount and continued

as Conductor. The petitioner was issued a show cause

notice on 15.03.2011 stating therein that on a spot

inspection of the bus, it was found that in total 75 way

bill, the petitioner has by tempering the ticket machine

had prepared 1062 tickets with zero balance and such an

amount of ₹ 45,407/- was embezzled by her. The said act

amounts to corruption, for which, the petitioner was

asked to submit her reply within one week.

3. The petitioner replied to the said notice on

18.03.2011 stating therein that she was not provided any

training for operating the ticket machine and due to

incidentally pressing some button of the ticket machine

the zero balance tickets were printed. The Show Cause

Notice dated 15.03.2011 and the reply submitted by the

petitioner on 18.03.2011 reveals that a simple Show

Cause Notice was issued to the petitioner to explain her

case and no inquiry or any opportunity of personal

hearing was provided to the petitioner. The Assistant

General Manager of the Uttarakhand Transport

Corporation vide impugned order dated 26.03.2011 on

considering the reply submitted by the petitioner

concluded that the petitioner by interpolating in the

ticket machine had embezzled an amount of ₹45,407/-.

He found the petitioner to be guilty of corrupt practice

and directed the termination of the contract of the

petitioner as Conductor and further ordered for forfeiture

of the entire dues and security amount deposited by the

petitioner in favour of the Corporation. The impugned

2

order dated 26.03.2011 reads as hereunder:

“dk;kZy; lgk;d egkçcU/kd

mrkjk[k.M ifjogu fuxe dkBxksnke

i=kad& låeåçå@dkB&…&thjks çdj.k/2011&83 fnukad 26-3-11

%& dk;kZy; vkns'k%&

çLrqr çdj.k lafonk ifjpkyd Jherh xaxk tks'kh dkBxksnke fMiks )kjk fofHkUu

frfFk;ksa esa fofHkUu ekxZ i=ksa esa e'khu ls NsMNkM dj thjks fVdV cukdj ;kf=;ksa dks

nsdj #.45407-00 dh /kujkf'k dks Lo;a ds O;fäxr ç;ksx eas ysdj gMius ls

lEcfU/kr gSA

çdj.k esa mä lafonk ifjpkyd dks i=kad&

låeåçå@dkb&…&Mhihlh@lafonk @11692 fnukad 15-03-2011 ds }kjk LiLVhdj.k

fy;k x;kA

ifjpkyd }kjk vius çfrmÙkj esa lkjka'kr% O;ä fd;k x;k fd mldks thjks

fVdV cuus ds lacU/k esa dksbZ Hkh tkudkjh ugha gS uk gh bl çdkj dk dksbZ fVdV

mlds }kjk fdlh ;k=h dks fn;k gS uk gh dksbZ /kujkf'k dks Lo;a ds ç;ksx eas fy;k x;k

gSA ;g Hkh O;ä fd;k x;k gS fd fVdV e”khu dk leqfpr çf'k{k.k Hkh mls ugha

fnyk;k x;kA ;fn çFke fnu gh Lor% thjks fVdV cuus ij fMiks eas e”khu MkmuyksM

@fujh{k.k ds le; gh mldks ekx