DELHI TRANSPORT CORPORATION Vs. KARAMVIR SINGH

JUDGEMENT

(1.) The present Appeal is arising out of a judgment dtd. 9/5/2023 passed by the learned Single Judge in W.P.(C.) No. 8600/2004 titled D.T.C. vs Karamvir Singh ("Impugned Judgment").

(2.) The facts of the case reveal that the Workman/Respondent herein was appointed to the post of conductor in the year 1982 in the services of Delhi Transport Corporation/Appellant herein ("DTC'), a body incorporated and created under the statutory provisions as contained in Sec. 3 of the Road Transport Corporation Act, 1950 ("RTC Act') read with The Delhi Transport Corporation Laws (Amendment) Act, 1971 ("DTC 1971 Amendment"). The terms and conditions of service of Respondent Employee are governed by the Delhi Road Transport Act (Condition of Appointment and Service) Regulations, 1952 ("1952 Regulations') read with Sec. 4(e) of the DTC 1971 Amendment.

(3.) The facts of the case further reveal that on 31/8/1992, the Respondent No.2, while serving as a conductor with the DTC was on duty in Bus No. 9115, running at a route from Lajpat Nagar to Faridabad. On the said day, an inspecting team boarded the bus and found that two passengers who boarded the bus from Ashram to Gurukul Sarai paid Rs.5.00 to the conductor for two tickets however, the tickets were not issued to them by the conductor. The statement of these ticketless passengers was recorded by Sh. Sukhbir Singh, T.I., and signed by the Respondent and a checking report was prepared and submitted on 31/8/1992 by Sh. Pran Nath, ATI, Sh. Darshan Singh, Trff. Supt.; Sh. Sukhbir Singh, T.I and Sh. P.L. Arora, ATI ("Report").