IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) NO. 49 OF 2004 Harish Chandra Juyal …….Petitioner. Versus Uttaranchal Transport Corporation Through its Managing Director, Dehradun & Ors. ………..Respondents. Present:- Mr. M.C. Pande, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Advocate for the respondents. Date of Decision:- 11.8.2010 Hon’ble Sudhanshu Dhulia, J. (Oral) Heard learned counsel for the petitioner as well as learned counsel for the respondents. The petitioner has filed this writ petition challenging, inter alia, orders dated 12.9.2003, 27.11.2003 and 13.7.2004 (Annexure Nos. 8, 10 and 13 respectively to the writ petition). Brief facts of the case are as follows: The petitioner was a conductor in the Uttaranchal Transport Corporation. While he was on Bus on 10.8.2002, he lost his official bag known as “conductor’s bag” and consequently, the Department initiated a disciplinary proceeding against the petitioner, where he was charged for negligence and a recovery of Rs. 1,02,629/- (One Lac Two Thousand Six Hundred Twenty Nine) was initiated against the petitioner. According to the Department, the amount was fixed on the basis of the projection that in case the Bus would have gone from Tanakpur to Chandigarh, then on a full bus the total tickets’ sale would have been Rs. 1,02,629 and therefore, it will be presumed that the petitioner 2 caused a loss of Rs. 1,02,629/- to the Department. This entire analogy by which a liability of Rs. 1,02,629/- was fixed upon the petitioner is based on absolutely erroneous presumption. It is not the case of the Department that this was the actual loss incurred to the Department. The maximum recovery, assuming that there was any negligence on the part of the petitioner, can be the fare of the entire passengers seats of the Bus between Tankapur to Kashipur, as it is the admitted case of both the parties that after the mishap at Kashipur, the petitioner immediately reported the matter to the Senior Station Incharge, U.P. Transport Corporation, Kashipur and consequently thereafter, the Regional Officer of the Transport Corporation at Kashipur lodged an FIR at the Police Station Kashipur and no fresh tickets were sold by the petitioner. Therefore, no further allegations can be made against the petitioner that he sold any ticket after Kashipur and pocket the money and caused any financial loss to the Department. The recovery against the petitioner can only be made for the entire bus tickets between Tanakpur and Kashipur, assuming that it was a full Bus between Tanakpur and Kashipur. Therefore, the recovery fixed by the Department against the petitioner to the tune of Rs. 1,02,629/- is absolutely unreasonable. The administrative directions of the Transport Corporation on this aspect notwithstanding, as they are unreasonable. Therefore, the orders dated 12.9.2003, 27.11.2003 and 13.7.2004 (Annexure Nos. 8, 10 and 13 respectively to the writ petition) are quashed. The instant Writ Petition is accordingly allowed. It is further clarified that the Department can only make the recovery of the amount of the total number of 3 tickets between Tanakpur to Kashipur of the entire passenger seats. In case the petitioner has already deposited this amount with the Department, no further amount may be recovered from the petitioner. In case, the petitioner has deposited the amount excess to the said amount, the same shall be returned to the petitioner forthwith. No order as to costs. (Sudhanshu Dhulia, J.) 11.8.2010 Rathour