Uttarakhand High Court
Dhiraj Singh Rawat vs Managing Director Uttarakhand ... on 9 November, 2017
Author: Alok Singh
Bench: Alok Singh
Judgment reserved
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition No. 1062 (SS) of 2009
Dhiraj Singh Rawat. ........Petitioner.
Versus
Managing Director
and others. ...... Respondents.
Present:
Mr. S.S. Chaudhary, Advocate for the petitioner.
Mr. D.C. S. Rawat, Advocate for respondents.
Hon'ble Alok Singh, J.
1. Heard Mr. S.S. Chaudhary Advocate for the petitioner and Mr. D.C.S Rawat, Advocate for the respondents.
2. Present writ petition is filed against the order dated 26.07.2008 passed by respondent no. 3 dismissing the petitioner from service and order dated 29.07.2009 passed by respondent no. 2 in an appeal preferred by petitioner against the dismissal order dated 26.07.20085 whereby respondent no. 2 / Appellate Authority reinstated the petitioner in service by modifying the order of dismissal dated 26.07.2008 with the condition that the petitioner would not be entitled for salary during the dismissal period and further petitioner was reverted to his original pay scale.
3. Initially, petitioner was appointed as Chowkidar on 01.08.1984 and thereafter, he was promoted to the post of Conductor on 16.06.1995 in Uttar Pradesh State Road Transport Corporation hereinafter referred to as UPSRTC. Since 16.06.1995, petitioner had been continuously discharging his duty on the post of conductor till the passing of dismissal order dated 26.07.2008.
4. The petitioner was issued charge sheet dated 16.08.2005 by Regional Manager to the effect that the petitioner while on duty 2 on 01.10.2004 in Bus No. 0025 Delhi - Sheraghat - Dharchula, on inspection by Assistant Transport Inspector Sri Saeed Ahmed, petitioner was found transporting 250 kg of luggage from Delhi to Didihat and 50 kg luggage from Delhi to Rai Agar without issuing any ticket. Similarly, on 14.01.2005, when petitioner was on duty in Bus No. 4565, on inspection by Assistant Transport Inspector Sri Saeed Ahmed petitioner was found carrying two passengers without ticket from Jada Pani to Rai Agar. Again on 03.06.2005 when the petitioner was on duty in Bus No. 4564, inspection was made by Assistant Transport Inspector Sri Khyali Datt Tiwari, Almora, petitioner was found carrying 7 passengers without ticket. It was also stated in the charge-sheet that petitioner had failed to cooperate with the inspection team and provoke to the passengers against inspection team and also misbehave with the inspection team as such, the petitioner utterly failed to discharge his liability & duty and petitioner caused financial loss to the Corporation. To conduct domestic inquiry Assistant General Manager, Lohaghat was appointed as Inquiry Officer. Petitioner filed his reply against the charge sheet dated 16.08.2005. During the inquiry, Sri Saeed Ahmed and Sri Khyali Datt Tiwari proved their report and the petitioner was given opportunity to cross examine Sri Saeed Ahmed and Sri Khyali Datt Tiwari but the petitioner could not succeed to get anything contrary to report submitted by Sri Saeed Ahmed and Sri Khyali Datt Tiwari.
5. After completing the inquiry, the inquiry officer found the petitioner guilty on all the charges leveled against him and submitted his detailed report to the Divisional Manager (Operation), Uttarakhand Transport Corporation, Tanakpur. After receiving the inquiry report the Divisional Manager issued show cause notice along with the inquiry report dated 28.06.2008 to the petitioner calling his reply. Thereafter, the petitioner submitted his reply on 13.07.2008. With regard to the allegation of illegal transportation of luggage, petitioner stated that the said luggage 3 was being transported in his bus but inadvertently he could not issued the tickets thereof. However, he mentioned that the entry of said luggage was in his way bill. With regard to the allegation about travelling of two passengers in his bus from Jada Pani to Rai Agar, he stated that the said two passengers boarded on Siling instead of Jada Pani and before issuing ticket, inspection was made by Sri Saeed Ahmed and shown both passengers without ticket, though Siling and Rai Agar is same station. He further denied any misbehaviour with the inspection team. The petitioner further stated that before 100 meter from Kapad Khan station, two passengers instead of 7 passengers boarded the bus from Kasar Devi. From Kasar Devi, there are two routes from Kapad Khan, one through upper route of Almora (Almora Bypass) and another route is through lower road of Almora. Since the petitioner had to take fuel for his bus, therefore, he went to Almora Depot. Therefore, the aforesaid two passengers alighted on Kapad Khan station, after traveling only 100 meters where Sri Khyali Datt Tiwari had inspected the bus and shown the aforesaid two passengers travelling without ticket though the petitioner has not taken any fair from them. The petitioner also denied the allegation of misbehavior with the inspecting team. The Divisional Manager after going through the reply, inquiry report and other documents, passed order dated 26.07.2008 whereby petitioner was dismissed.
6. Feeling aggrieved with the order of dismissal dated 26.07.2008 the petitioner preferred departmental appeal before General Manager, Uttarakhand Transport Corporation Dehradun / respondent no. 2. The respondent no. 2/Appellate Authority after giving proper opportunity of personal hearing to the petitioner on 06.01.2009 and going through the memo of appeal, charge-sheet, reply of chargesheet, inquiry report, show cause notice, reply of show cause notice and other documents as well as material and entire material available on record passed the 4 impugned order dated 29.07.2009. The respondent no.2/ Appellate Authority though held the petitioner to be guilty of misconduct, however, taking sympathetic view and long service records of the petitioner reinstated the petitioner in service by modifying the dismissal order with the condition that the petitioner will not be entitled for salary during dismissal period, however, his services may be treated as continued and further reverted the petitioner to on his original pay scale.
7. Feeling aggrieved with the aforesaid order the petitioner preferred present writ petition against both the orders dated 26.07.2008 and 29.07.2009.
8. The main contention of the petitioner is that impugned order dated 29.07.2009 is against the Circular dated 30.07.1993 issued by Managing Director, U.P.S.R.T.C Lucknow Authorities are restrained from reverting the delinquent employee on its original pay scale. He further contended that the impugned order is also against Rule 69 of the U.P. State Road Transport Corporation Service Rules 1981 in which also there is no provision to revert any incumbent to original pay scale.
9. The contention of the petitioner cannot be accepted as Regulations 69 of Regulation 1981 pertaining to the imposition of the punishment of reduction to the basic pay scale itself do not create any embargo or restriction in the exercise of disciplinary powers or Appellate powers to modify the punishment order as per Regulation 1981, as such, the order impugned dated 29.07.2009 cannot be said against the regulation. Further major penalty deals with the regulation "Reduction to a lower grade or post or to a lower stage in a time scale". The order dated 29.07.2009 amounts to reduction of the petitioner to a lower stage in the time scale i.e the initial stage of Rs. 3050/-, hence, the circular dated 30.07.1993 would not be applicable in the present case. Moreover, the charges leveled against the petitioner are 5 serious in nature and the petitioner has lost confidence of the corporation. Further, petitioner caused financial loss to the corporation apart from the degrading reputation of the corporation. In spite of the above fact the Appellate Authority/respondent no. 2 had already taken a sympathetic and lenient view by modifying the dismissal order dated 26.07.2008, therefore, no interference is called for hence, the writ petition fails and is hereby dismissed. No order as to cost.
(Alok Singh, J.) 09.11.2017 SKS