DTC Vs. MANJEET SINGH

JUDGEMENT

(1.) WITH regret, we find that the impugned order has been passed by the learned Single Judge without looking into the record, and if only the same was looked into, probably the appeal was unwarranted.

(2.) ON September 17, 1992 the respondent was served with a charge memorandum listing the charge that at 13:00 hours on June 23, 1992 he entered the office of the Depot Manager at Naraina Depot and attempted to hit Sh.M.L. Aggarwal, the Depot Manager, with a chair, table glass, pen stand and the receiver of the telephone. He tried to strangulate the Depot Manager with the telephone wire.

(3.) THE appellant moved an application under Section 33(2) (b) of the ID Act for approval of the decision taken to dismiss respondent from service. The learned Presiding Officer held on August 26, 2002 that the termination was illegal and principally on the reason that the Inquiry Officer was a person junior in rank to Sh.M.L. Aggarwal. Since the appellant had prayed for an opportunity to be granted to lead evidence, the record of the Tribunal would show that Sh.M.L. Aggarwal, Sh.P.C. Johar and Sh.N.S. Duggal were examined by the Management in support of the charge sheet.