D T C Vs. ANUP SINGH

JUDGEMENT

(1.) This appeal is directed against an order dated 10.2.2004 passed by the learned Single Judge dismissing the appellant's Writ Petition (C) No. 65 of 2002 thereby upholding an order dated 27.4.2001 passed by the Industrial Tribunal in O.P. No 204/1993.

(2.) The facts leading to the filing of the present appeal are that the respondent was appointed with the appellant Corporation in February 1981 as a conductor. While he was on duty on 29.10.1992 on the bus No. DBP-6458 from Delhi to Ganga Nagar, an Assistant Ticket Inspector (ATI) along with other members of the ticket checking staff boarded the said bus at Sher Pur (Sirsa) and found that four persons were travelling in the bus without tickets. It is the appellant's case that those passengers disclosed that they boarded the bus at Fatehabad for going to Sirsa and had paid Rs.36/- as fare charges to the respondent who had not issued them tickets. On the basis of the report of the checking staff, the Depot Manager issued a chargesheet on 20.11.1992 to the respondent charging him with misconduct within the meaning of paras 19(b) and (m) of the Standing Orders governing the conduct of the DTC employees.

(3.) The charge sheet issued to the respondent workman reads as under : "You are required to explain, why a disciplinary action should not be taken against you under the provision of Delhi Road Transport Corporation (Amended Act, 1971 read with Section 15 (2) of Delhi Transport Corporation (Conditions of Appointment and Service) Rules, 1952 for the following irregularities :- 'On 20.10.2002 you was performing your duty on Bus No. 6458 of Route No. Delhi to Ganga Nagar, Checking staff boarded the said bus at 10.35 at Sharpur (Sirsa) and found that a group of four passengers was travelling in the bus without ticket. It was informed by those passengers that they boarded into the bus at Fatehabad for going to Sirsa and had paid Rs.35/- as fare charges to the conductor. However, the conductor did not issue them tickets.' Your above mentioned conduct is against the norms of duty of conductor under paras 6 and 7 and also misconduct within the meaning of para 19(b) and (m) of the standing orders governing the conduct of DTC employees."