“8.In this case, in the Checking Inspectors' report Ex.M1 it is stated that the petitioner did not issue tickets to the passengers properly and in the cash bag of the petitioner there was a deficit of Rs.239/-. On the basis of report, the petitioner was suspended from service as per Ex.M6 suspension order. The Ex.M7 charge memo was issued to the petitioner. The petitioner submitted Ex.M8 explanation to the charge memo Ex.M7. In the explanation, the petitioner stated that he issued tickets property to the passengers, without issuing tickets he did not receive the ticket fare amount from any one of the passengers, the checking inspectors entered the bus before the stage, a sum of Rs.200/- was given for died/injured goat which was injured in the bus accident in which the petitioner worked, and a sum of Rs.30/- was taken for taking dinner. In the domestic enquiry also the petitioner denied all the charges except charge Nos.3,4 and 6. The checking inspectors stated in their complaint that the petitioner did not issue tickets property. But no statement was given by any one fo the passengers. In the domestic enquiry also, no passengers were examined on the side of the management. In deciding the preliminary issue it was held that the domestic enquiry was not conducted in a fair and proper manner. In really the petitioner does not issue tickets, the checking inspectors would have obtained statements from the passengers who travelled in the bus in which the petitioner was working. But no passengers gave statement regarding the complaint of the checking inspectors. If really the petitioner did not issue tickets after collecting the fare amount there was no chance for less amount in the cash bag. Considering the above facts and circumstances it is understood that the respondent/management has not proved the charges
