DILBHAG SINGH Vs. DTC

JUDGEMENT

(1.) The petitioner workman by this writ petition impugns the order dated 10th May, 2001 of the Industrial Tribunal allowing the application of the respondent no.1 DTC under Section 33(2)(b) of the ID Act and thereby approving the action of the respondent DTC of removal of the petitioner workman from service. The petitioner workman contends that the said application of the respondent DTC under Section 33(2)(b) is liable to be dismissed and consequently the petitioner workman entitled to be reinstated in service with continuity etc.

(2.) The petitioner workman was working as a Conductor with the respondent DTC; it is his case that he was on 24th March, 1989 implicated in a false case on the basis of the report of the Checking Staff. A charge sheet dated 10th April, 1989 was issued to the petitioner workman. In the chargesheet, it was mentioned that the bus of the petitioner workman was intercepted by the Checking Staff and it was found that a group of three passengers, who had boarded the bus from Railway Station for B-Block, Mangol Puri, were issued three tickets, each of Rs.1/- denomination instead of Rs.1.50/- paise, though they had paid full fare of Rs.4.50/- paise for the three tickets. It was also a charge, that the cash with the petitioner workman was found short by Rs.18.25 paise. The third charge was that the petitioner workman was not issuing tickets to the passengers by moving in the bus.

(3.) The Inquiry Officer conducted and concluded the inquiry and gave findings against the petitioner workman. Upon receipt of the report of the Inquiry Officer, the Depot Manager of the respondent DTC issued notice to show cause to the petitioner workman as to why he should not be relieved from the service of the respondent DTC. Not finding the reply of the petitioner workman to the show cause notice to be satisfactory, the Depot Manager of the respondent DTC on 18th October, 1989 imposed the penalty of removal of service on the petitioner workman and filed the application aforesaid under Section 33(2)(b) of the ID Act.