DELHI TRANSPORT CORPORATION Vs. MITHAN LAL

JUDGEMENT

(1.) HAVING served the Indian Army but being dismissed from service upon being convicted at a Court Martial and sentenced to undergo imprisonment for 5 months on November 04, 1972, the respondent was lucky to find employment as a driver with DTC on April 07, 1980.

(2.) ON night shift duty he drove a bus from Janakpuri to ISBT on route No.82 to reach the destination, ISBT before dawn broke at 3:10 hrs. A passenger named Pratap Singh Morya dozed of and this irritated the respondent because the bus had to be de-boarded by all passengers at the point of destination. A quarrel ensued at which it is alleged that respondent manhandled said Pratap Singh Morya whose spectacles got broken and he claims to have lost Rs.650/-. His complaint was investigated by way of a preliminary inquiry at which the respondent participated. Pratap Singh Morya stood by his complaint resulting in petitioner being charge sheeted on June 12, 1995. At the disciplinary inquiry Pratap Singh Morya was examined on September 04, 1995; he was also cross examined. But soon thereafter he submitted a letter on October 09, 1999 in which he recorded that he withdrew the complaint.

(3.) THE reasoned decision by the Appellate Authority was to uphold the penalty resulting in OA No.199/2012 being filed by the respondent challenging the penalty imposed and upheld. Vide impugned order the Tribunal has held that in view of the fact that the Disciplinary Authority as also the Appellate Authority has referred to past 14 adverse entries, in view of the decision of the Supreme Court reported as 2010 (4) SLR 422 Indu Bhushan Dwivedi Vs. State of Jharkhand & Ors. the orders were vitiated. The matter has been remanded for the Disciplinary Authority to take a fresh decision and levy a penalty other than dismissal or removal from service.