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15.Counsel draws the attention of this court towards the checking report (Annexure P-2) and the statement of passenger recorded by the checking staff wherein the passenger categorically stated that the Respondent refused to issue him the ticket despite him paying the full fare. It is submitted that the Challan and Statement of passenger was signed by the Respondent which implies his acceptance of guilt. It is further submitted that the checking staff recovered two unpunched tickets from the possession of the Respondent. 

                          SUBMISSIONS             MADE         ON    BEHALF           OF      THE
                          RESPONDENT

21. Mr. Kunal Manav, learned counsel appearing for the Respondent has submitted that the entire narrative of the passengers is false and concocted. The passenger on being confronted by the checking staff for being travelling without tickets, to defend himself shifted his guilt upon the Respondent.

34.On perusal of the records reveals that the Petitioner/Corporation failed to examine the passenger witness or any other independent witness. The checking teams of the Petitioner/Corporation failed to tally the cash with the unpunched tickets. This court in Savitri NEUTRAL CITATION NO: 2023: DHC: 3173 Devi v. Delhi Transport Corporation, reported as 2011 SCC OnLine Del 3507 has discussed briefly about importance of checking cash by the checking staff. Relevant extract of the judgment is produced below for perusal.

"14. ...The Tribunal appears to have overlooked that in a majority of the cases where the charges are that after collecting cash from the passengers the conductor has not issued them tickets, the checking of the cash with the conductor is absolutely essential to determine if the passengers who were allegedly travelling without tickets were telling the truth..."