MARDAN SINGH Vs. D T C

JUDGEMENT

(1.) Rule. Short question which arises in this petition relates to the power of the Depot Manger in refusing/modifying the order of punishment passed earlier. The petitioner was served with charge sheet dated 29.9.1997 containing certain allegations. Inquiry was held against the petitioner. After the receipt of the inquiry report, Depot Manager of GTK Deport issued show cause notice dated 6.3.1998 proposing to inflict the punishment of reprimand. Petitioner submitted his reply to the said show cause notice. Ultimately, the punishment of reprimand was imposed upon the petitioner vide order dated 10.3.1998. However after passing this order, communication dated 2.6.1998 was issued to the petitioner informing that the order dated 10.3.1998 imposing punishment of reprimand was set aside and the case was being reopened for further action. Thereafter show cause notice dated 11.6.1998 was issued proposing the following punishment 'reprimand + deduction of Rs. 6064.50 in five equal" instalments of Rs. 1212.90'.

(2.) Petitioner submitted his reply on 3.8.1998. After considering this reply, impugned order dated 10.8.1998 was passed imposing the punishment of reprimand deduction of Rs. 6064.50 in five equal instalments of Rs. 1212.90'.

(3.) In this petition, petitioner challenges the powers of the Depot Manager to suo moto cancel the first punishment order and issue the second punishment order. This question is conclusively decided against the respondent in the case of Sh. S.S. Bhatia Vs. Delhi Transport Corporation & Ors. reported in 1999 (79) DLT 461. The said case related to DTC itself and identical issue was involved. This Court held as under:-