D.T.C Vs. KRISHNA BAHAL

JUDGEMENT

(1.) The present writ petition filed by the Delhi Transport Corporation assails the award dated 06.04.2005 passed by the learned Central Government Industrial Tribunal, Karkardooma Courts, Delhi in ID No.95/2001. Under the impugned award, the Labour Court has, after holding that the petitioner had failed to prove any misconduct on the part of the respondent, set aside the penalty order dated 13.07.1994 passed against him.

(2.) The brief facts as emerge from the record are that the respondent joined the services of the petitioner/corporation on 19.04.1979 at the post of 'Clerk'. On 26.11.1993, she was served with a memo seeking her explanation for having misplaced the original papers of the petitioner's factories and municipal license while travelling to the petitioner's headquarters in a bus on 17.11.1993. In her reply to this memo, the respondent denied all the charges levelled against her. Subsequently, the respondent was served with a charge sheet dated 03.12.1993 with a further allegation that despite misplacing the original copies of these licenses, she had not informed her superior officer of this incident till 26.11.1993.

(3.) In view of her denial of the charges, a departmental inquiry was conducted against the respondent wherein the inquiry officer held the charges against her to stand proved. On submission of the inquiry report, the respondent was granted an opportunity to submit her explanation, which was duly considered. Resultantly, the petitioner imposed a penalty of stoppage of two increment with cumulative effect on the respondent vide its order dated 13.07.1994.