RAGHUNANDAN SHARMA Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The question for determination in this writ petition and several other connected writ petitions is whether persons holding the post of Depot Manager in the Delhi Transport Corporation are empowered to take disciplinary action (including action for removal, dismissal and reduction in rank) against the employees who are generally working as Drivers and Conductors in the Delhi Transport Corporation falling in the category of Class III/Class IV employees.

(2.) A controversy of somewhat similar nature had arisen earlier also in this Court when a learned Single Judge had quashed the disciplinary action initiated against the petitioners in those cases holding that in case of persons employed between April 1973 and March2, 1974 it is only the Transport Corporation or the General Manager who could initiate and take disciplinary action. The said judgment of the learned Single Judge was reversed in L.P.A. No.6 of 1976, D.T.C. vs. Surinder Kumar, decided on 30th September 1977. This judgment gives the history and circumstances in which the D.T.C. finally came into existence.

(3.) In pursuance of Section 53 (2)(c) of the Delhi Road Transport Act, the Delhi Road Transport Authority framed various regulations including the Regulations called "the D.R.T.A. (Conditions of Appointment & Service Regulations) 1952", (hereinafter referred to as 'the Regulations'). These Regulations came into force with effect from 1st p73 September 1952 and applied to all officers and servants of the erstwhile Delhi Road Transport Authority.except the General Manager and the Chief Accounts Officer. Under Regulation 6, in respect of Class III and Class IV employees, the Appointing Authority is the General Manager. Regulation 15 deals with conduct, discipline and appeal. The 'conduct' was dealt with under Regulation 15(1); 'discipline' under Regulation 15(2), 'appeal'. under Regulation 15(3) and 'suspension' under Regulation 15(4). Regulation 15(2) in itsclause(a) provided for various penalties which may be imposed for misconduct "or for a good and sufficent reasons" upon an employees of the Delhi Road. Transport Act clause (b) of the Regulation 15(2) provided that the disciplianry action mentioned in clause (a) can be taken by the General Manager or such other officer as may be authorised by him in this behalf, subject to such order or instructions as may be issued by the D.R.T.A. from time to time. The disciplianry action referred to in clause (b) referred to the penalties which may be imposed finally as contemplated by Regulation 15(2)(a). Clause (c)of the Regulation 15(2) gives the procedure for inquiry where any of the penalties mentioned in sub-regulation (2)(ii) to(viii) can be imposed for misconduct for a good and sufficient reason. Clause (d) of the Regulation 15(2) gives the procedure in case of misconduct likely to lead to imposition of penalty of censure or reprimand, including reprimand and warning.