JUDGEMENT
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(1.)The petitioner in this writ petition is challenging the orders dated 26.2.2007 rejecting his revision petition, the appellate order dated 2.12.2006 rejecting his appeal and the order dated 7.2.2006 passed by the disciplinary authority removing him from service.
(2.)Briefly stated, the case of the petitioner is that while he was on duty as Conductor and taking the UPSRTC Bus No. UP 50 F/0022 from Deoria to Ballia on 10.1.2004 some villagers on the road stopped the Bus and three persons alongwith one pregnant lady whose condition was stated to be serious boarded the Bus and requested the petitioner to take them and the lady as her condition was serious. The petitioner permitted these persons to board the Bus and soon after the Bus was on its way, it was stopped by one Gorakhnath Pandey, Assistant Transport Inspector in order to conduct a spot check. As a result of spot checking the villagers got agitated and snatched the way bill from the Inspector which he had taken from the petitioner and gave it back to the petitioner. The villagers are also stated to have got agitated and started putting pressure on the Inspector and disturbing him in the conduct of his inspection and preventing him from writing any note on the way bill.
(3.)A charge sheet was issued to the petitioner on 5.2.2004 as per the provisions of Regulation 66 of the U.P. State Road Transport Corporation Employees Service Regulation 1981. The petitioner was also placed under suspension in terms of the provisions of Regulation 67 of the Regulation 1981. In the charge sheet it was alleged that the said Bus was on its schedule route i.e. Deoria-Ballia and was plying between Navalpur to Kundauni on 10.1.2004 at about 15.40 hours when it was stopped and on checking it was found that there were 68 passengers in the Bus out of which 18 passengers were travelling without ticket. The Ticket Inspector thereupon took the B.T. Book and on ticket number DDA-6305728 made a composite calculation of 18 x 4 = Rs. 72/- and also charged Rs. 500/- as compounding charge from the petitioner. It was alleged in the charge sheet that when the Inspector stopped the Bus for checking the villagers got agitated and the way bill which was taken by the Inspector from the petitioner was snatched from him and handed over back to the petitioner and the villagers became agitated and prevented the Inspector from making inspection or writing any entries in the way bill.
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