CHHOTEY LAL Vs. GENERAL MANAGER

JUDGEMENT

(1.) This petition was filed in the year 1988 by the petitioner who was working with the Delhi Transport Corporation (hereinafter referred as DTC) as Assistant Painter in the pay scale of Rs. 225.00-5.00-260.00-6.00-290.00-EB-6-308 per month plus usual allowances. The service of the petitioner was terminated under Clause 14(10)(c) of Delhi Road Transport Authority (Conditions of Appointment & Service) Regulations, 1952 vide respondents' letter dated 10.12.1985.

(2.) It is contended before me by Mr. Chandra, learned counsel for the petitioner that the letter dated 10.12.1985 was male fide as the letter date 3rd December, 1985 was posted on 6th December, 1985. The same was received by the father of the petitioner in Delhi on 7th December, 1985 and the father of the petitioner vide letter dated llth December, 1985, copy of the same is Annexure 'D' of the paper-book informed the respondent that his son Chhotey Lal, i.e. the petitioner had applied for leave as he had gone to look after his ailing mother in the village.

(3.) However, without taking into consideration the letter sent by the father of the petitioner or without giving any opportunity, the service of the petitioner was terminated by the respondent vide letter dated 10th December, 1985. Another argument was advanced by the learned counsel for the petitioner that in the impugned letter of termination though it has been mentioned that the leave of the petitioner has been regularised from llth September, 1985 to 9th December, 1985 as three months extraordinary leave without pay, however without affording an opportunity of being heard in a cryptic manner, the services of the petitioner was terminated on 10th December, 1985. The letter is reproduced as follows: