DELHI TRANSPORT CORPORATION Vs. BIRMATI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 14.9.2004 which has reversed the finding of the trial judge. Trial judge vide judgment and decree dated 21.2.1998 had dismissed the suit of the plaintiff. The impugned had reversed it; claim stood decreed.

(2.) PLAINTIFF Onkar Singh was serving as a conductor with the Delhi Transport Corporation (hereinafter referred to as the DTC). He was confirmed on 08.10.1980. On 13.9.1990 while on duty in bus No.6316 operating on route no.836 it was found that he had not issued tickets to six persons; he was also found in possession of excess cash to the tune of Rs.56.25. Report was prepared by the checking staff and submitted to the Deport Manager. Charge sheet was framed against the plaintiff. His explanation was called. The plaintiff submitted his reply. Vider order dated 14.12.1990 notice was issued to the plaintiff to show cause as to why his pay not be reduced to the initial stage. Reply has been submitted by the plaintiff on 15.1.1991. The impugned order dated 16.3.1991 was passed by the Depot Manager imposing penalty of reduction of his pay to the first initial stage. Appeal filed before the Regional Manager was dismissed. Mercy petition filed before Chairman of the defendant corporation also met the same fate. Present suit was accordingly filed.

(3.) ON the pleadings of the parties five issues were framed. Two witnesses were examined on behalf of the plaintiff and two on behalf of the defendant.