RAJESH SHARMA Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THE present writ petition has been filed by the legal heirs of Sh. Ram Phool Sharma challenging the order dated 26th April, 2012 passed by Central Administrative Tribunal, Principal Bench, Delhi.

(2.) THE brief facts necessary for determination of the dispute are that Sh. Ram Phool Sharma was working as Assistant Traffic Inspector with the respondents. His services were terminated vide order dated 24th April, 2006 on the charges of having received illegal gratification. Mr. Ram Phool Sharma had expired in February, 2010 and thereafter his legal heirs including his son, daughters and wife were brought on record. They had challenged the termination of Sh. Ram Phool Sharma in OA No. 2976/2011 in case titled as Rajesh Sharma and others v. Delhi Transport Corporation. In this OA, the learned Tribunal had upheld the order dated 21st December, 2010 passed in departmental appeal whereby, the order of removal from services of Sh. Ram Phool Sharma was upheld.

(3.) HE was suspended w.e.f. 31st January, 1996. A charge sheet dated 10th November, 1998 was issued to him for mis -conduct within paras 19 (b) (d) (f) (h) and (m) of the Standing Orders governing the conduct of DTC's employees. In the chargesheet, it was mentioned that his past record would also be taken into consideration while taking disciplinary action against him. Sh. Ram Phool Sharma filed a reply dated 21st November, 1998 to the charge sheet and asked the respondent not to proceed with the disciplinary proceedings. However, enquiry had begun and Investigating Officer was appointed vide order dated 12th January, 1999 under the notification/intimation to Sh. Ram Phool Sharma.