DEVA GIR Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) Writ petitions 762 of 1974, 1162 of 1974, 144 of 1974, 1150 of 1974, 1179 of 1974, 1200 of 1974, 1536 of 1974, 1199 of 1974, 1092 of 1974. 1458 of 1974 and 1533 of 1974 will be disposed of by this one judgment as a common question of law arises in all of them.

(2.) Public road transport in Delhi was run by the Municipal Corporation of Delhi from 1957 under the provisions contained in Chapter XIV of the Delhi Municipal Corporation Act. 1957. hereinafter referred to as the Municipal Corporation Act. The road transport was taken away from the Municipal Corporation of Delhi and given to a separate Corporation known as the Delhi Transport Corporation constituted under the Road Transport Corporations Act. 1948. hereinafter referred to as the Act, by cnactment of the Delhi Road Transport Laws (Amendment) Act, 1971. Prior to the transport services in Delhi being by the Muncipal Corporation of Delhi, the same were operated by an authority known as the Delhi Road Transport Authority, constituted under the Delhi Road Transport Authority Act, 1950. By and large all the employees of the Delhi Road Transport Authority on the enforcement of the Municipal Corporation Act became employees of the Municipal Corporation of Delhi and on the Delhi Transport Corporation coming into existence became the employees of the Transport Corporation. It is with this historical background that the contentions in the present cases have to be viewed.

(3.) It seems that disciplinary action was initiated against the petitioners in the aforesaid 11 writ petitions on various dates and they were charge-sheeted for misfeasance and malfeasance in the discharge of their duties. There are two sets of cases. In eight of these cases disciplinary action was initiated prior to March 2, 1974 and even chargesheets were served on the petitioners before that date while in the remaining three, disciplinary proceedings were initiated as well as charge-sheets were served after March 2. 1974. This aspect may be tabulated as under: <FRM>JUDGEMENT_534_ILR(DEL)1_1976Html1.htm</FRM>