SHIV KUMAR Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) CONSEQUENT upon departmental enquiry, the petitioner, a driver in the Delhi Transport Corporation, was awarded penalty of stoppage of next due two annual increments with cumulative effective. The petitioner filed OA No. 3030/2009, against the said punishment but has not been successful before the Central Administrative Tribunal, Principal Bench, Delhi (Tribunal, for short). He has now approached this Court.

(2.) THE contention of the petitioner is that the enquiry report and consequent proceedings are perverse and based on no evidence. It is submitted that the enquiry officer and the authorities should not have relied upon the testimony of H.C. Gupta as there were cross-complaints and an FIR is registered against H.C. Gupta and the case is still pending.

(3.) THE petitioner filed the Original Application before the tribunal after more than two years of the appellate order dated 17th September, 2007. THE tribunal did not find merit in the contention that the delay was caused and was bonafidely explained as the petitioner had filed a petition with the Grievance Committee. On merits the tribunal has held that the enquiry officer had dealt with the evidence produced by the parties including the petitioner. It was observed that the testimony of H.C. Gupta was supported by some other evidence and it was not open for the tribunal to go into the evidence.