HORAM SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity and legality of the Tribunal's award dated 27.3.2003 holding that punishment given to the workman was not disproportionate to the misconduct and the inquiry conducted by the management was fair and proper.

(2.) Briefly the facts are that petitioner was working as a conductor with DTC with Badge No. 17060 and was posted on bus route no. 452 Mori Gate to Madanpur Khadar. On 5.9.92 when he was on this route, the said bus was checked by the checking staff and it was found that three passengers had given fare to him but he had not issued tickets. He was asked to get his cash checked but he refused to get his cash checked. Passengers to whom he had not issued tickets belonged to his village and they stated that they did not want to give statement against him.

(3.) A charge-sheet was issued to the petitioner for the misconduct to which he pleaded not guilty and an inquiry was conducted. Inquiry Officer held petitioner guilty of the misconduct. After inquiry, disciplinary authority heard the petitioner and imposed a punishment of dismissal. The previous record of the conductor showed that he had earlier also been involved in several misconducts and was given warnings/punishment for misconduct including the misconduct for not issuing tickets despite receiving fare.