DELHI TRANSPORT CORPORATION Vs. OM PAL

JUDGEMENT

(1.) The present writ petition is filed by the petitioner corporation aggrieved by the orders dated August 12, 2002 and August 26, 1998 passed by the Industrial Tribunal No. II in O.P. No. 252/92 on the basis of an application filed under section 33(2)(b) of the Industrial Disputes Act, 1947.

(2.) The aforesaid application was filed by the Corporation seeking approval of its decision to remove the respondent No.1 from service. The allegation against the respondent is that he was issuing tickets of less amount after collecting full fare charges from the passengers and an amount of Rs.21.70 paise was found less and, therefore, he misconducted himself. Accordingly, a charge sheet was issued to the petitioner on the basis of which a domestic enquiry was held and in the said domestic enquiry the respondent was found guilty. Consequently, the disciplinary authority removed the respondent from service of the corporation by order dated July 2, 1992. Along with the said order of removal, the corporation remitted full one month wage to the respondent. After taking the aforesaid action, the aforesaid application was filed by the corporation seeking approval of their action. After receipt of the aforesaid application and on the basis of the pleadings of the parties, a preliminary issue was framed by the Tribunal on March 3, 1993 to the following effect:-

(3.) Evidence was led and thereafter an order was passed by the Tribunal on August 26, 1998 holding that no documentary evidence was produced in the enquiry by the Corporation in support of its case and that neither the respondent nor the passengers were confronted with any statement in the enquiry. The Industrial Tribunal further held that in view of the statements of the passengers before the enquiry officer the respondent could not have held the workman guilty and, therefore, the findings of the enquiry officer were perverse as far as the charge is concerned. It was also held that there was no evidence on record to prove and establish as to how many tickets were found to have been issued by the workman till the time of checking and what amount of cash he had received till then, and that in absence of the aforesaid details the enquiry officer could not have held that the aforesaid charge against the workman also stood proved. Consequently, the Tribunal held that the enquiry conducted by the management was in violation of the principles of natural justice and that the findings of the enquiry officer were also perverse. The said issue was accordingly decided against the Corporation.