HARDEEP SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitions though by separate petitioners, impugn the common order dated 10 th October, 2011 of the Central Administrative Tribunal, Principal Bench, New Delhi dismissing OA No.3418/2010 and OA No.3235/2010 preferred by each of the petitioners respectively. The petitioners in both the writ petitions, employed with the respondent DTC as Drivers, were charged with, having on 4 th December, 1987 at 1500 hours entered the room of the Depot Manager, Naraina Depot unauthorizedly, having used unparliamentary language and also behaved in an objectionable manner with the Depot Manager, having attacked Mr. R.B.L. Srivastava, Traffic Superintendent, Naraina Depot, who was also present in the room of Depot Manager at the time of the incident with a chair and having fled therefrom by breaking the sheets of the boundary of Naraina Depot after meting out threats to the Depot Manager to kill him.

(2.) The charges were found by the Inquiry Officer to have been proved against both petitioners and the Disciplinary Authority of the respondent DTC after giving notice to the petitioners imposed punishment of bringing the petitioners in the initial stage of Driver's pay scale for a period of two years . The departmental appeals of the petitioners were dismissed. The petitioners thereafter approached the Tribunal by preferring OAs aforesaid.

(3.) The version of both petitioners was/is that they had taken leave from duty and gone to their Village-Sahalavasa in District-Rohtak, Haryana; that they were riding on a two wheeler scooter along with another person and were apprehended by the Police at around 1535 hours on 4 th December 1987 and challaned for triple riding and for not possessing Registration Certificate and Driving Licence. It was thus their case that when they were at Rohtak, Haryana at 1535 hours on 4 th December, 1987, they could not on the same day at 1500 hours possibly have indulged in the acts aforesaid at Naraina Depot.