DELHI TRANSPORT CORPORATION Vs. MAM CHAND

JUDGEMENT

(1.) THE challenge in this writ petition by the Delhi Transport Corporation (DTC) is to the order dated August 14, 2012 in O.A.No.3676/2011 whereby the Tribunal has allowed the O.A. filed by the respondent herein by quashing the orders of the disciplinary authority as well as Appellate Authority and remanded the matter to the disciplinary authority to pass appropriate orders with respect to penalty holding the penalty of removal to be disproportionate; pending that the respondent was directed to be reinstated in service with all consequential benefits except back wages.

(2.) THE respondent joined DTC as a Fitter in the year 1981. A charge sheet was issued on May 15, 2007 on the ground that the respondent remained unauthorisedly absent from duty for 51 days from July 01, 2006 to March 31, 2007. The charge sheet also mentions that his past record will be taken into consideration at the time of passing of the final orders or giving recommendation in the case. The respondent did not submit any reply to the charge sheet. The Inquiry Officer held the proceedings on October 11, 2007. During the proceedings the respondent was asked whether he would conduct his own inquiry or he needs the assistance of a colleague. The answer was he wants to conduct the inquiry himself and he did not want any document. The Inquiry Officer read out the charges to the respondent and asked whether he admits those charges, at which the respondent admitted the charges and stated that he remained absent on account of his family problems and he will be careful in future.

(3.) THE Disciplinary Authority after considering the inquiry report imposed a penalty of removal from service. The respondent submitted an appeal on September 29, 2008 against the order of the W.P.(C) No.7692/2012 Page 2 of 6 Disciplinary Authority dated August 27, 2008. The appeal was rejected by the Appellate Authority by an unreasoned order dated February 05, 2009.