DHARAM PAL Vs. DTC

JUDGEMENT

(1.) By this petition the petitioner has assailed an Award dated 10th February, 1994 whereby it was held by the industrial adjudicator that the petitioner had committed an act of serious misconduct and as such upheld the penalty of dismissal from service imposed on him while directing the respondent to make payment of wages to the workman till the date of passing of the award subject to adjustment of the amount which had been paid to the workman pursuant to the interim award dated 21st January, 1992 passed by it.

(2.) The petitioner was appointed as a sweeper in the Delhi Transport Corporation with effect from 16th August, 1973. It appears that he presented a claim for leave travel concession in respect of alleged travel by his family members that is his wife and two sons. According to the claim submitted by the petitioner on 15th March, 1982, his family members had travelled by bus No. DLP 4650 from Delhi to Kanyakumari on 20th February, 1982 and returned on 8th March, 1992 for the year 1982-1985. The petitioner had submitted a printed money receipt dated 9th March, 1982 for 2 tickets for a sum of Rs. 1250/-. These tickets were alleged to have been forged tickets inasmuch as no permit was issued by the State Transport Authority to M/s. Goswami Travels who had allegedly issued the tickets for conducting the tour to Kanyakumari on the claimed dates.

(3.) On these allegations, disciplinary proceedings were initiated against the petitioner. A charge-sheet dated 30th June, 1982 was served upon him wherein it was alleged that the petitioner had tried to cheat the Delhi Transport Corporation by submitting a forged claim. Upon receipt of the inquiry report, a memorandum dated 31 st August, 1992 was served on the petitioner by the Depot Manager of the Hari Nagar Depot, New Delhi to show cause why the petitioner be not removed from service and calling upon the petitioner to file his representation against the proposed penalty. Ultimately, vide an order passed on 7th September, 1982, the petitioner was removed from service with the Delhi Transport Corporation.