' In this appeal the decision dated 4th of May, 1980 passed by the learned Presiding Officer, Labour Court No, 1 has been challenged, whereby the respondent was directed to be reinstated without back benefits.
2. The respondent also brought an appeal claiming back benefits but he did not appear on the date fixed for hearing, i. e. 21st of November, 1982, therefore, his appeal was dismissed in default. He has not appeared in `this appeal and, therefore, it is also being decided ex parte.
3. The facts are that the bus conducted by the respondent was checked and it was found that he had received fare from three lady passengers but had not issued tickets to them. Seven other lady passengers were ticketless from whom he had not recovered the fare. The second allegation was that he had neither recovered the fare, nor had issued the tickets to them, does not amount to misconduct. The mind of the dismissing authority was prejudiced on account of the fact that he was found guilty by the Enquiry Officer of the allegations which did not amount to misconduct. If the Enquiry Officer had found the respondent guilty of only one offence, the possibility cannot be excluded that the dismissing authority may have taken some lenient view and awarded a punishment short of dismissal.
4. In these circumstances, the respondent was rightly reinstated without back benefits. There is no force in the appeal, which is dismissed ex parte.