DELHI TRANSPORT CORPORATION Vs. SUBHASH CHAND

JUDGEMENT

(1.) The present appeal has impugned the judgment and decree dated 15.5.2003 which had endorsed the finding of the Trial Judge dated 07.2.1996 whereby the suit of the Plaintiff Subhash Chand had been decreed in his favour.

(2.) The Plaintiff had filed a suit for permanent and mandatory injunction with a prayer that a declaration be passed declaring that the order of punishment dated 16.8.1991 (whereby the Plaintiff was awarded punishment of reduction in his pay scale from Rs. 1130/- to his initial pay scale of Rs. 950/-) be declared unwarranted and void ab initio with a direction that the Defendant be directed to pay the salary of the Plaintiff in terms of his pay scale of Rs. 1130/-.

(3.) Plaintiff was employed with the DTC as a conductor. He was in the pay scale of Rs. 950-20-1150. He was made a victim of the malpractices of the checking staff. Plaintiff was performing his duties honestly and diligently but due to the connivance of some of the members of the checking staff of the DTC, false allegations had been levelled against him pursuant to which a charge sheet had been filed against the him. This was on 11.11.1997. Enquiry was held which was not in accordance with the procedure established by law and was in violation of the principles of natural justice. No opportunity of fair hearing or to defend his case had been granted to the Plaintiff. He was not afforded proper assistance; he was forced to sign on blank papers; the witnesses of the department were tutored; report of the enquiry officer was illegal, unjust and perverse. The punishment order dated 16.8.1991 is liable to be set aside.