KISHORI LAL Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) CM No. 5151/2011 (for exemption)

(2.) THE Appellant, a conductor in DTC, was charge sheeted on 14th November, 1994 for not having issued tickets to three passengers after collecting fare from them. He was found guilty and was removed from services vide order dated 5th February, 1996. The Appellant unsuccessfully challenged the removal order in proceedings under the Industrial Dispute Act, 1947. The Industrial Tribunal held that the findings recorded in the domestic inquiry were justified and no ground to interfere was made out. The Appellant held a position of trust wherein honesty and integrity were in -built requirement and was guilty of misconduct. Accordingly reference was answered against the Appellant vide the award dated 9th July, 2008.

(3.) WE have examined the contention raised by the Appellant. On 21st October, 1994 the checking staff found that three passengers had alighted the bus without tickets at Kharar. They had stated that they had paid the fare but the Appellant had not issued tickets. The Appellant admitted his fault and surrendered three unpunched tickets. Statements made by two passengers were recorded. ATI -Balbir Singh had recorded a written complaint. The Appellant refused to sign the passengers' statements. Before the enquiry officer the said statements were reiterated by Mr. Zile Singh who was a part of the checking team with Sohan Singh and Balbir Singh. The statement of Balbir Singh was also recorded. After considering the evidence on record the Enquiry Officer had recorded his findings against the Appellant. It cannot be said that finding of Enquiry Officer is perverse as relevant and cogent evidence has been taken into consideration.