Punjab-Haryana High Court
The State Of Punjab And Another vs Tulsi Dass on 4 July, 2008
Author: Hemant Gupta
Bench: Hemant Gupta
RSA No. 2254 of 1985 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: 4.7.2008
The State of Punjab and another ......Appellants.
Versus
Tulsi Dass ....Respondent.
Coram: HON'BLE MR. JUSTICE HEMANT GUPTA
Present: Shri A.S. Jattna, Additional AG, Punjab.
None for the respondent.
1. Whether Reporters of local papers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
HEMANT GUPTA, J.
The defendants are in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, in a suit for declaration, whereby the order of punishment of removal from service was set aside.
The plaintiff was charge-sheeted on the ground of misconduct for not issuing tickets to the passengers. An order of removal from service was passed on 28.12.1981, which order was affirmed in appeal by the Director, State Transport, Punjab, on 22.9.1982. It was, thereafter, that the plaintiff filed the suit for declaration to the effect that the orders passed by the authorities are illegal, null & void, ineffective, unconstitutional and against the principles of natural justice. Though the said suit was dismissed by the learned trial Court, but the learned first Appellate Court found that the Conductor RSA No. 2254 of 1985 (2) has deposited a sum of Rs.7.70p with the cashier of the Punjab Roadways, Pathankot, when he found that he has an excess of such amount with him. In view of the said fact, it was found that the act of the plaintiff was bona-fide and that the order of removal from service on the finding of misconduct is not sustainable.
As per the allegations of the appellants, the plaintiff realized Rs.26.40p from 12 passengers travelling from Mukerian to Budhawad on 4.12.1980. The plaintiff has given tickets of the denomination of Rs.18.70p though the passengers had paid Rs.26.40p, therefore, an amount of Rs.7.70p was misappropriated. The stand of the plaintiff was that he was not aware of the exact fair and on inquiry, he learned about the exact bus fare and since he has excess cash with him, the same was deposited with the Depot Staff on 5.12.1980.
The learned first Appellate Court has set aside the disciplinary proceedings on the basis of the conduct of the plaintiff. It has been found that no mala-fide could necessarily be attributed to the plaintiff and that the checking staff has not found that the passengers travelling to other places were holding tickets of lesser denomination. No interim order was granted while admitting the present appeal.
Though the checking staff carried out inspection on 4.12.1980, but the plaintiff has deposited the excess amount on the very next day i.e. 5.12.1980. The report of the checking staff was made on 8.12.1980. Though, it cannot be believed that the Conductor was not aware of the amount of fare from Mukerian to Budhawad, which led to issuance of the tickets of lesser denomination, but the fact remains that the order of RSA No. 2254 of 1985 (3) punishment was set aside way back on 13.2.1985 i.e. more than 20 years back. The learned first Appellate Court, while decreeing the suit filed by the plaintiff, has relied upon the conduct of the plaintiff. The reliance on such conduct of depositing the amount of Rs. 7.70p before the respondents, cannot be said to be unjustified or perverse, which may give rise to any substantial question of law in the present Regular Second Appeal.
Hence, the present appeal is dismissed with no order as to costs.
04-07-2008 (HEMANT GUPTA) ds JUDGE