Justice Tarlok Singh Chauhan dismissed the petition filed by one Ramesh Kumar against his removal from the service by HRTC.
The petitioner was initially engaged as a Conductor on daily wage basis in HRTC on 14.07.1983 and later his services were regularized on 10.03.1984. On 29.07.1991, the petitioner was charge-sheeted by the HRTC for misappropriation of a sum of Rs. 10,998/-
The inquiry was conducted and on completion thereof, the respondents-Corporation ordered the removal of the petitioner from service w.e.f. 23.06.1994.
The Court observed that there is absolutely no scope for any conductor to misappropriate the revenues of the Corporation. It is not that a watch-dog or a checking official accompanies every conductor at all times and all places during his service.
It is not the quantum of money, which could constitute the gravamen of the charge of misappropriation against the bus conductor.
What is relevant is the frame of mind of the conductor leading to a wrongful loss to the Corporation and wrongful gain for himself, which itself is sufficient to record a finding of guilt against the bus conductor in a State owned Transport Corporation.
The Court found no merit in the petition filed by the petitioner against his removal from service by the Himachal Road Transport Corporation (HRTC) and dismissed the same.
