HARINDER SINGH Vs. D T C

JUDGEMENT

(1.) THE petitioner started unauthorisedly absenting himself from duty on June 8, 1989 and as per Regulation 14(10)(c) of the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952 he was deemed to have resigned from service w.e.f. September 07, 1989 i.e. upon his being unauthrisedly absent for a continuous period of 90 days.

(2.) THE Disciplinary Authority of the writ petitioner passed an order on September 07, 1989 regarding as aforesaid.

(3.) IT may be true that the Regulations in question has since been held to be ultra vires in the decision reported as 95 (2002) DLT 425 Delhi Transport Corporation v. Om Kumar & Ors. following the decision of the Constitution Bench of the Supreme Court reported as 1991 Supp. (1) SCC 600 Delhi Transport Corporation v. DTC Mazdoor Congress and Ors. where vires of Regulation 9 of similar Regulation was held to be ultra vires of the Constitution of India.