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The U.P.S.R.T.C had removed a conductor from the job due to allegations of misconduct

Esheta Lunkad ,
  14 September 2020       Share Bookmark

Court :

Brief :

Citation :
Petitioner: Krishnapal Singh Respondent:Managing Director U.P.S.R.T.C & 2 ors Citation: 2015 Vol 0 Supreme (Allahabad) 1445

Bench:

Rohit Ranjan Agarwal

Issue:

Whether the onus of proving the misconduct on the part of the conductor lies with the disciplinary committee?

Facts:

  • Petitioner was appointed as Conductor in Uttar Pradesh State Road Transport Corporation whose rules are governed by the Uttar Pradesh State Road Transport Corporation Employees Service Regulations 1981& he was removed from service.
  • Petitioner was a conductor working on the bus going through the local route of SyanaHapur Marg.
  • Ticket checker came on the bus who then found out that 21 people had not taken their ticket.
  • The conductor was fired from the job.

Appellant’s contentions:

  • The counsel for the petitioner stated that 6 family members had boarded the bus & the head of which refused to pay for the ticket because he stated that he was a government employee, so his family shouldn’t have to pay.
  • 9 students had also been on that bus who ran away when they saw the TC.
  • And the other remaining were issued tickets on plain papers because the Electronic Ticketing Machine (E.T.M) was not working.
  • The statements of the passengers were also not recorded nor was the cash of the conductor checked by the inspecting team, & the onus lies on the respondent organisation to prove the misconduct of the petitioner and not vice versa.

Respondent’s contentions:

  • The TC found that that 21 people on the bus were without their respective tickets and it was a high amount which cannot be tolerated.
  • The petitioner has had a history of allowing people on the bus without paying for the ticket.
  • The petitioner was removed from his job because the disciplinary committee found the charges proved against the petitioner & he was removed from service.
  • Thus, rightly his punishment for forfeiting balance of pay was passed.
  • Under Sec 124 of the Motor Vehicles Act,1988, every person has to pay for the pass or ticket for travelling on a government transportation service.

Final judgement:

  • Justice was not given to the petitioner at every stage.
  • Only on the basis of suspicion and presumption, he has been removed from his post.
  • An enquiry officer shall carry out the entire exercise again in a period of 4 months after this judgement is passed
  • The writ petition is partly allowed.
 

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