D.T.C. Vs. SUKHBIR SINGH AND ORS.

JUDGEMENT

(1.) Vide the present writ petition, the petitioner has challenged the order of the learned Industrial Tribunal dated 30.07.2002.

(2.) The brief facts of the case are that the respondent was employed with the petitioner as a conductor. While performing his duties on Bus No. 6132, Route No.409 on 14.10.1991, ATI Ram Gopal alongwith other members of the checking staff, checked the said bus at about 09.25 hours. According to petitioner, the respondent had collected resold tickets from the passengers while they were alighting from the bus and the cash of the conductor was found short of Rs. 7.50 paisa and that he had issued tickets of denomination of Rs.1.50 paisa to the three passengers, whereas he was to issue tickets of only 50 paisa denomination to each of them. Thereafter, on the basis of the report of the checking staff, a charge-sheet dated 11.11.1991 was issued to the respondent for committing misconduct within the meaning of para 2,4 and 19 of the Standing Orders, governing the conduct of DTC employees. The enquiry was conducted and on conclusion of domestic enquiry, an application under Section 33(2)(b) for approval of award was filed.

(3.) Vide order dated 30.04.2001, the learned Industrial Tribunal reached to the conclusion that the report of the Enquiry Officer was perverse and held that the inquiry was vitiated. Thereafter, the Industrial Tribunal framed the following issues:-