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Appeal No. F D‑217 of 1983, decided on 12th March, 1984.

‑‑ Ss. 25‑A & 38 (3)‑Dismissal for misconduct‑Bus Conductor alleged to have made interpolation in counter‑foil of tickets by reducing quantum of fare and thus embezzling consequential amount‑Interpolation clearly visible‑Plea that last page of T. T. 2 not produced in enquiry which could have disproved allegation Accused in circumstances, held, could have got same summoned before Enquiry Officer or Labour Court and in absence of same misconduct of accused, held, duly proved‑Order of Labour Court dismissing grievance petition upheld by Appellate Tribunal.

Nazir Ahmad Naz, Representative for Appellant.

Sh. Aftab Ahmad for Respondent.

Date of hearing : 3rd March,. 1984.

The appeal captioned above arises from the decision, dated 21st March, 1983 passed by the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad, whereby the grievance petition of the appellant for his reinstate ment in service was accepted.

2. The allegation against the appellant was that after the bus conduc ted by the appellant was checked, he made interpolation in the counter foil of the tickets by reducing the quantum of fare and in this way he embezzled a total amount of Rs. 152. According to the respondent, the forgery and embezzlement were detected during the audit.

3. It has been argued by the representative of the appellant that the last page of T. T. 2 was not produced, where the checker had given total with his own hand in red ink. He says if it had been done, it could show if the appellant after the checking changed the amount and consequently the total. According to him, the appellant may have corrected the counter‑foils of the tickets before the checking. No doubt, the last page of T. T.‑2 was not produced because the amounts given in pages of T. T.‑2 clearly appear to have been changed by overwriting. In the tickets also the fare and places between which the passengers travelled are changed. Initially the fare was given as Rs. 7. It was afterwards changed to Rs. 3. The interpolation is clearly visible. If this interpolation had been made before the checking, the checker would have caught the appellant. After checking the appellant did the interpolation, thinking that there were now no chances of his being detected. But unfortunately he was detected during audit. If the appellant was thinking that the last page of T. T.‑2 would help him, he could have got it summoned before the Enquiry Officer or the learned lower Court. The misconduct committed by the appellant was thus duly proved and he was correctly dismissed and his grievance peti tion rightly disallowed.

4. As a result, the appeal is dismissed.

A. E. Appeal dismissed

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