1995 PLP 609 (PLC(CS))

‑‑‑‑ Dismissal from service‑‑‑Employee who was conductor of bus, was dismissed from service after holding enquiry against him on charge of non- issuance of ticket to as many as 43 passengers‑‑‑Each ticket being worth Rs.2.50, an amount of Rs.107 was thus embezzled‑‑‑Employee was dismissed from service after holding domestic enquiry against him which enquiry was in order and non‑issuance of tickets to passengers was admitted by employee‑‑ Mere fact of non‑issuance of tickets to passengers was enough to establish dishonesty of employee ‑and same by itself was sufficient reason for his dismissal from service. M. Latif Saghar for Respondents. Date of hearing: 18th April, 1995. This appeal is directe4 against the order of Fourth Sindh Labour Court, Karachi, whereby the grievance petition of respondent Matloob Ahmed was allowed. He was ordered to be reinstated in service with all the back benefits.

2. The facts in brief are that the respondent was appointed as a conductor in the appellant Karachi Transport Corporation. While the respondent was on duty on the bus running on the usual route, the Checking Party of the appellant boarded the bus for a surprise check. They checked the passengers for the tickets. They found that 43 passengers were traveling in the bus without any ticket, while the un-punched tickets were in possession of the conductor. Each ticket was worth Rs.2.50. An amount of Rs.107 was thus embezzled. The conductor was charge‑sheeted on 2‑12‑1989 for non‑issue of tickets to 43 passengers and after conducting the domestic enquiry against him he was dismissed on 5‑5‑1991. The case of the respondent is that the Checking Party wanted a share for themselves and being dissatisfied, they have falsely implicated him. It is a pity that in our country no public utility service can run smoothly because of rampant corruption. Since the Checking Party had detected the whole case of non‑issue of tickets, it was not necessary to examine the passengers as witness in the enquiry as they must have gone away to their destinations. The Enquiry Officer had been examined as a witness. Mere fact of non‑issue of tickets to 43 passengers is enough to establish the dishonesty of the conductor. The conductor has also taken the defence that he did not issue the tickets because instead of Rs.2.50 per ticket the passengers offered him only Rs.2. In such a case the conductor should have stopped the bus and asked the passengers to leave but this has not been done. Lastly it has been argued that the respondent was dismissed by the Traffic Manager instead of the District Manager. But on this point the Traffic Manager has explained that he was holding the acting charge of District Manager.

3. Thus, the domestic enquiry was in order and non‑issue of tickets to 43 passengers is admitted. That by itself is sufficient reason for terminating the service of a conductor. I therefore set aside the order of the Labour Court and allow the appeal. H.B.T./2459/Lb.S Appeal allowed.