1987 (8) TMI 456

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....al by special leave the appellant, a Bus Conductor of the Haryana Roadways, has challenged the validity of the order of termination of his service on the ground of failure of the punishing authority to give any reason for the impugned order in violation of the principles of natural justice. 2. A charge was levelled against the appellant that he did not issue tickets to nine passengers, although h....

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....t the Civil Court had no jurisdiction to entertain and try the suit. Accordingly, the Trial Court dismissed the suit. 4. On appeal, the learned Additional District Judge held in disagreement with the Trial Court and, in our opinion, rightly that the Civil Court had jurisdiction to entertain and try the suit. The learned Additional District Judge, however, held that the impugned order was a non-sp....

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....ave. 6. It has been urged by Mr. Tarkunde, learned Counsel appearing on behalf of the appellant, that the punishing authority has not applied his mind before passing the impugned order, which is apparent from the fact that he had not given any reason in justification of the impugned order. Counsel submits that non-application of the mind and failure to give any reason by the punishing authority v....

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....of which reliance may not be placed on the report of the Enquiry Officer. Therefore, keeping these circumstances in view, I terminate his service with effect from the date of issue of this order. 8. In view of the contents of the impugned order, it is difficult to say that the punishing authority had not applied his mind to the case before terminating the services of the appellant. The punishing ....