Court No. - 34
Case :- WRIT - A No. - 52169 of 2014 Petitioner :- U.P.S.R.T.C. And 3 Ors Respondent :- Anil Kumar And Another Counsel for Petitioner :- Nishant Mehrotra,Mangla Prasad Rai,Sheo Ram Singh Counsel for Respondent :- C.S.C.,Siddharth Pandey
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard Sri Sheo Ram Singh, Advocate for petitioner and Sri Siddharth Pandey, Advocate for respondents.
2. This writ petition is directed against judgment and order dated 17.1.2014 passed by State Public Service Tribunal, Lucknow (hereinafter referred to as Tribunal) in Claim Petition No. 1440 of 2007; Anil Kumar Vs. UPSRTC and others allowing aforesaid claim petition and setting aside orders of punishment dated 17.6.2002, Appellate Order dated 29.9.2005 and Revisional Order dated 30.12.2006 and directed petitioner to reinstate claimant-respondent (Anil Kumar) with all consequential benefits in accordance with Service Rules.
3. Brief facts of case are that claimant-respondent was Conductor in Uttar Pradesh Road Transport Corporation. On 10.9.2002 while on duty in Bus No. UGP-240, Bus of claimant-respondent was inspected by stopping the Bus by officers of the department on Hamirpur-Rathmarg Route, and it was found that out of total 39 passengers, 23 passengers were travelling without ticket. Thereafter a charge sheet dated 13.9.2002 was served upon claimant-respondent. Enquiry was conducted and Inquiry Officer submitted report holding claimant respondent guilty, whereupon an order of punishment was passed by Regional Manager on 17.6.2003 removing claimant-respondent from service. Claimant- respondent filed Claim Petition No. 1440 of 2007 before Tribunal, which allowed the claim petition of claimant-respondent setting the orders dated 17.6.2014, 29.9.2005 and 30.12.2006 holding that no proper inquiry was conducted and one Sri R.S. Gautam witness of the department in his statement has stated that there were no passengers travelling without ticket in the concerned Bus. In regard to misbehavior done and threat given to officers during inspection of Bus and creating obstruction in inspection, it was stated by the Driver of Bus that no any such incident as alleged took place and allegations are wrong. Nothing has been shown to us despite repeated query that above findings recorded by Tribunal are incorrect or contrary to record or perverse.
4. Considering aforesaid facts and circumstances of the case, and finding recorded by Tribunal, we come to the conclusion that Tribunal has rightly set aside the order of punishment. There is no error apparent in the judgment of the Tribunal.
5. Writ Petition lacks merit and is dismissed accordingly.
Order Date :- 25.4.2018 SKS