DELHI TRANSPORT COPORTATION Vs. SURENDER SINGH

JUDGEMENT

(1.) This writ petition has been filed by the Delhi Transport Corporation against the order dated 10.08.2009 of the Central Administrative Tribunal in TA No. 330/2009 titled as Surender Singh Vs. Delhi Transport Corporation and Anr., whereby the Tribunal has set aside the punishment imposed on the respondent Surender Singh on the ground of discrimination, directed reinstatement of the said respondent but restricted his back wages only to the extent of 25% with continuity in service.

(2.) The respondent filed a Writ Petition (Civil) bearing No. 319/1996 before this Court, which later on was transferred to the Tribunal vide order dated 2.2.2009 in view of the Notification issued by the Central Government on 1.12.2008.

(3.) The respondent at the relevant time was working as a driver with the Delhi Transport Corporation and was removed from service in the year 1996 after the charges as per the charge sheet served upon him were found to have been proved during the course of investigation. The charges were to the effect that he came to Depot with a snake on 13.9.1995 along with Jagpal Singh, conductor, who gave him full company. Seeing the snake, the workers of the Depot became frightened. A report was lodged against the respondent and Jagpal Singh by Traffic Inspector, who is the complainant. On that basis both respondent and Jagpal Singh were proceeded departmentally. Both of them were suspended immediately and thereafter, they were served with a charge sheet. After the enquiry was completed, the respondent was removed from service. However, the conductor, Jagpal Singh, who had been accused of similar charges, had been left off with a minor penalty viz. stoppage of one increment for one year without cumulative effect.