HAWA SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THE petitioner Hawa Singh was awarded minor penalty of stoppage of next due increment. By the impugned order dated 30th November, 2010, Central Administrative Tribunal (Tribunal, for short), Principal Bench, New Delhi has upheld the penalty and dismissed the original petition filed by the petitioner.

(2.) LEARNED counsel for the petitioner has submitted that the Tribunal and the Disciplinary Authority have failed to notice and give due consideration to the fact that the petitioner, who is a Driver, was not on duty and was telephonically asked to perform duty as a Driver at 16.30 hrs, and on the basis of vigilance report, action was sought to be taken after seven months.

(3.) WE agree with the findings recorded by the Tribunal that the factual findings recorded in the disciplinary proceedings do not merit review/reconsideration in exercise of power of judicial review. The conclusions arrived cannot be classified as arbitrary, perverse and based on no evidence whatsoever. WE cannot as an appellate court re-examine and re-appreciate the evidence and findings of facts.