Court No. - 39
Case :- WRIT - A No. - 19034 of 2019 Petitioner :- Mahatma Prasad Respondent :- State Of U.P. Through Principal Secretary Transport, Lucknow And 2 Others Counsel for Petitioner :- Ajay Kumar Chaurasia,Raju Kumar Counsel for Respondent :- C.S.C.,Adarsh Bhushan
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is a Conductor in respondent U.P. State Road Transport Corporation and has been dismissed from service on the charge of carrying ticketless travellers vide order dated 27.9.2017. Appeal and revision filed against such order has also been dismissed.
The orders impugned are assailed on the ground that petitioner's defence has not been properly considered and the report of Inquiry Officer is not in accordance with law.
Perusal of the record would go to show that various factual issues are sought to be raised in order to prove petitioner's innocence. Such issues may require leading of evidence etc. Such evidence can better be appreciated in case dispute is adjudicated by the appropriate Industrial Forum, at the first instance.
In such view of the matter, this Court refuses to entertain the present writ petition on merits. It is, however, provided that in case petitioner approaches the appropriate Industrial Forum alongwith certified copy of this order, his grievance would be examined on merits by the Industrial Adjudicator and an appropriate award would be made, in accordance with law, expeditiously.
Subject to the aforesaid observations, this writ petition is consigned to records.
Order Date :- 29.11.2019 Ashok Kr.