OM PARKASH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The Petitioner was working as a conductor with the Respondent. He has challenged an order dated 13th January, 2003 passed by the Industrial Tribunal-III in O.P No. 17/96 filed under Section 33(2)(b) of the Industrial Disputes Act, 1947 (for short the Act).

(2.) On 4th June, 1992, the Respondent's staff consisting of Roshan Lal, Traffic Inspector, Hari Singh, Traffic Superintendent, Raj Kumar and Satyarth Prakash, Assistant Traffic Inspectors boarded the bus in which the Petitioner was working as a conductor. On checking the passengers and tickets, it is found that the Petitioner had collected fare for 14 1/2 tickets, but had not issued them. When the cash was counted it was found that it was in excess by one rupee. On this basis, a report was furnished by the Inspectors and a charge sheet was issued to the Petitioner on 15th June, 1992 alleging contravention of the provisions of clauses 6 and 7 of the Executive Instructions / Duties of Conductors read with para 19(b), (h) and (m) of the Standing Orders governing the conduct of employees of the Respondent. Paragraphs 19 (b), (h) and (m) of the Standing Orders read as follows:-

(3.) Since the Petitioner denied the charges levelled against him, a domestic enquiry was held in which the charges were proved. Considering the report of the Enquiry Officer and his past record, the Petitioner was issued a show cause notice dated 16th September, 1992 by the concerned Depot Manager whereby the Petitioner was asked to show cause why he should not be removed from service. The Petitioner submitted his reply and after consideration of the same, the disciplinary authority passed an order dated 16th October, 1992 removing the Petitioner from service. Simultaneously the Petitioner was also given one months wages.