TMI Blog1977 (3) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... present case, we may set out briefly the necessary facts. The Haryana Roadways is a State transport undertaking and the respondent before us is a member of the running staff, a conductor, whose job is to collect fares from passengers and issue tickets to them. Probably because conductors were collecting fares but not issuing tickets a system of flying squads was in operation in the Haryana State for the purposes of checking the proper collection of fares by conductors. The respondent before us, while on duty on bus (HRA-1262) on its trip from Palwal to Khodulpat, was the conductor whose vehicle was overtaken by the flying squad. The squad stopped the bus and its inspector discovered that four passengers had alighted at Bamini Kheda without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot apply. All materials which are logically probative for a prudent mind are permissible. There is no allergy to hearsay evidence provided it has reasonable nexus and credibility. It is true that departmental authorities and administrative tribunals must be careful in evaluating such material and should not glibly swallow what is strictly speaking not relevant under the Indian Evidence Act. For this proposition it is not necessary to cite decisions nor text books, although we have been taken through case law and other authorities by counsel on both sides. The essence of a judicial approach is objectivity, exclusion of extraneous materials or considerations and observance of rules of natural justice. Of course, fairplay is the basis and if p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corded by inspectors. These are instructions of prudence, not rules that bind or vitiate in the violation. In this case, the Inspector tried to get the statements but the passengers declined, the psychology of the latter in such circumstances being understandable, although may not be approved. We cannot hold that merely because statements of passengers were not recorded the order that followed was invalid. Likewise, the revaluation of the evidence on the strength of co-conductor's testimony is a matter not for the court but for the administrative tribunal in conclusion, we do not think the courts below were right in over-turning the finding of the domestic tribunal. 6. No actual punishment in the sense of dismissal or removal was inflic ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
