Judgment

V. R. KRISHNA IYER, J. - Shree Pal Singh has vigorously advocated the case of the respondent and we have listened to him patiently so that his studious preparation may not go unheeded. Even so, we are inclined to allow the appeal in the circumstances of the case, we may make it clear, right at the beginning that the law that is applicable is not in dispute but the facts and circumstances of cases may differ when the application of law is called for.

2. In the present case, we may set out briefly the necessary facts. The Haryana Roadways is a State transport undertaking and he respondent before us is a member of the running staff, a conductor, whose job is to collect fares from passengers and issue tickets to them. Probably because conductors were collecting fares but not issuing tickets a system of flying squads was in operation in the Haryana State for the purpose of checking the proper collection of fares by conductors. The respondent before us, while on duty on by (HRA-1262) on its trip from Palwal to Khodulpat, was the conductor whose vehicle was overtaken by the flying squad. The squad stopped the bus and its inspector discovered that four passengers had alighted at K