JUDGMENT (YATINDRA SINGH & RAN VIJAI SINGH, JJ. ) The petitioner was a driver in the U.P. State Road Transport Corporation (the Corporation). An Incident took place on February 6, 1980, He did not stop the bus when he was asked to do so by the checking authorities. He was given charge-sheet on March 10, 1980. He was removed on September 20, 1980. He filed an appeal. It was dismissed 1 on May 14, 1981. The petitioner filed an application before the State Public Services Tribunal (the Tribunal). This has been dismissed on April 10, 1995. Hence, the present writ petition. 2. We have heard counsel for the petitioner and Shri Samir Sharma counsel for the respondents. 3. The inquiry officer had recorded the finding that the petitioner did not stop the bus when he was asked to stop and there could be collusion between him and conductor for carrying passengers without tickets. This finding was upheld by the disciplinary authority and the Tribunal. 4. In para 11 of the writ petition, the petitioner has alleged that no action was taken against the conductor. This has not been specifically denied. It may also be duty of the driver to see that there are no passengers without tickets, yet the primary duty is that of the conductor. The Corporation has not taken action against the conductor. In view of this, it cannot be said that there was collusion between the driver and the conductor. 5. In view of above, the only finding that remains against the petitioner is that he did not stop the bus at the time when he was asked to do so. The petitioner has been removed from service. Considering the finding that has been sustained by us, the punishment is excessive. The right procedure is to send the case back to the authority concerned for reconsideration, but considering that considerable time has passed, we deem it proper to pass the final order here. 6. The order dated April 10, 1995, May 14, 1981 and September 20, 1980 are quashed. The petitioner is reinstated in service. He will be entitled for all other benefits except the salary for the period that he has not worked. This will be sufficient punishment. 7. With these observations the writ petition is allowed.