DELHI TRANSPORT CORPORATION Vs. BIR SINGH

JUDGEMENT

(1.) The respondent Bir Singh was employed as Sweeper-Cleaner in the Delhi Transport Corporation (in short the DTC) and subsequently as Conductor on April 22, 1983. Since he absented from duty from April 17, 1993 to June 09, 1993 without prior permission/ intimation of the competent authority he was declared as absconded on April 28, 1993. A charge sheet was issued to Bir Singh as to why disciplinary action be not taken wherein besides the allegation of absenting from duty from April 17, 1993 to June 09, 1993 unauthorizedly without permission from competent officer or information, it was also noted that the past record of Bir Singh showed that he was habitual of committing this type of irregularity and not taking interest in the work of DTC. The reply sent by Bir Singh was not found to be satisfactory by the DTC and thus an enquiry was conducted. On the charges having been proved a show cause notice dated June 23, 1994 was issued as to why Bir Singh be not removed from the service of the DTC to which Bir Singh filed no reply within the stipulated time. However a belated representation was filed stating that he had filed a leave application but the same was not taken into consideration in the enquiry proceedings.

(2.) Aggrieved by the order dated July 23, 2003 the DTC preferred a writ petition being W.P.(C) No.8871/2004 wherein this Court set aside the order of the Industrial Tribunal and remanded the matter back for consideration afresh. On remand the approval petition was allowed vide order dated January 05, 2012 and it was held that the penalty of dismissal from service on Bir Singh was justified. Aggrieved by the order dated January 05, 2012 Bir Singh filed a writ petition being W.P.(C) No.4187/2012 which was allowed by the learned Single Judge by the impugned order dated September 16, 2014 directing his reinstatement in service with continuity and 50% back wages. Hence the present appeal by the DTC.

(3.) The primary reason why the learned Single Judge set aside the punishment of removal from service was that Bir Singh remained absent from duty only from April 17, 1993 to June 09, 1993 for which he had given explanation and submitted medical documents. As per the medical documents from April 17, 1993 to May 24, 1993 Bir Singh was sick and thereafter his wife fell sick from May 26, 1993 to June 09, 1993. The leave was duly sanctioned for whole period though without pay and as the leave was sanctioned by the respondent there was no justification to remove him from the service. It was held that the decision of the Supreme Court in Delhi Transport Corporation Vs. Sardar Singh, 2004 7 SCC 574 had no application to the facts of the present case.