TEJ SINGH Vs. PRESIDENT SERVICE

JUDGEMENT

(1.) The petitioner workman assails the order dated 14.05.2009 and the award dated 15.07.2009 passed in I.D. No.456/05 by Labour Court-VII, Karkardooma Courts, Shahdara, Delhi, whereby the Labour Court has held the petitioner guilty of the first two charges out of the three charges levelled against him (by the order dated 14.05.2009), and the penalty imposed upon the petitioner of removal from service has been held to be not disproportionate by the award dated 15.07.2009.

(2.) The petitioner was serving as a Driver with the respondent/President Service Institute, Air Force Station, New Delhi. He was driving a PSI Welfare Bus in April 2005. On 20.04.2005, the bus being run by the petitioner, bearing registration No. 4919 Tata Coach, was checked at about 1855 hrs. by two officers, namely Sgt. K.V. Rathi KV IAF (P) of 412 AF Station and Cpl Vijay Raj B IAF (P), at Mayur Vihar turning. One passenger Sh.Devinder Sahu was found travelling in the bus without any valid pass/ticket. It was found that he was travelling from Air HQ (VB) to Noida. However, when the bus moved, it was noticed through the rear side glass that there was one more person travelling on the bus. The bus was followed and on re-checking it was found that one lady approximately 40 years was concealing herself behind the rear seat. She was found to have boarded the bus from Noida.

(3.) The respondent employer issued a charge-sheet to the petitioner on the following charges: