DECISION This application under section 47(2) of the Industrial Relations Ordinance, 1969 has been filed by District Manager, Government Transport Service, Hyderabad and the respondent is Muhammad Yaqoob, who is a Conductor employed under the applicant District Manager in the Service under his control.
2. The facts shown in the application are that the respon--dent is said to be an office-bearer of the G. T. S. Employees' Association (Regd.), Hyderabad and certain Industrial Disputes are pending for adjudication and determination in this Court. On 7th July 1969, while the respondent was on duty as Conductor in G. T. S. Bus No. 3619 on Sanghar-Sakrand route Mr. Iqbal Hussain, Traffic Assistant, checked his bus at Khadro Mori. On such surprise checking 15 passengers were found travelling without tickets of whom, it is alleged, the respondent had already realised fare from ten passengers and had not issued a single ticket from Nawabshah to the checking place and it is further alleged when the Checking-Party desired to check the cash of the respondent he told the Checking-Party only the cash in his bag and had not allowed them to search his uniform's pockets.
The respondent was subsequently charge-sheeted on such report of his misconduct by dishonesty and was asked to submit his explanation, which he did but it was found unsatisfactory. A domestic enquiry was then, as ordered by the applicant, held against the respondent who was afforded full opportunity to defend himself. The Enquiry Officer after tire conclusion of the enquiry proceedings gave a report adverse to the respondent finding him guilty of the misconduct, on fact shown above, as this term is defined in section 7 of Road Transport Workers Ordinance, 1961. Thereafter the respondent was served a show-- cause notice and the applicant also heard him in person.
According to the applicant, as is mentioned in the application, the charges of misconduct aforesaid are proved against the respondent and the applicant intends to dismiss the latter from service hence he seeks permission to do so by the present application.
2. When the application was filed summonses were issued to the respondent by registered post A/D and the acknowledg--ment postal receipt has been received by this Court which clearly shows that the respondent has been duly served but on the date of hearing fixed for the application' he did not put in any appearance hence he was placed ex parte and the applicant was allowed to furnish evidence in support of -ex parte proof of his case. Consequently an affidavit has been filed by Mr. Azmatullah Khan, who is station Superintendent (Leg Representative) in Government Transport Service, Hyderabad, and he has sworn this affidavit on oath giving the same fact constituting the mis--conduct alleged against the respondent as are detailed already above; Since there is no evidence in rebuttal this affidavit has to be accepted as correct and it duly proves the facts on which the present application rests. Thus it is amply clear on record that the respondent has been found guilty of misconduct by t applicant District Manager who seeks permission to dismiss hi from service by this application. This request obviously under A the circumstances set out above is reasonable and genuine such it Is granted and permission is hereby accorded to t applicant District Manager to proceed to take disciplinary action against respondent entailing even his dismissal if so justified b the relevant law on the subject.
Announced in open Court.