CHATTAR SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioner being aggrieved by the order dated 8.6.1973 passed by the respondent, removing the petitioner from service has preferred this petition challenging validity of the aforesaid order dated 8.6.1973 and in the alternative in this petition, the petitioner seeks for the direction to consider the case of the petitioner for reference to the appropriate Labour Forum.

(2.) The petitioner was appointed as a Conductor by The Genera) Manager of Delhi Transport Undertaking. On 16.10.1970, a charge-sheet was issued to the petitioner on a specific charge of not issuing ticket inspite of collecting fare from the passenger and thereby violating Para 21(iv) of the Executive Instruction Duties of a Conductor and Paral9(B) of the standing orders governing the conduct of D.T.U. employees. Charges were framed against the petitioner and the charge-sheet was issued on 16.10.1970. On completion of the Departmental proceeding, an order was passed by The Deputy General Manager proposing the punishment of removal of petitioner from the service. By a Memorandum dated 27.7.1971 a copy of the Enquiry Report was sent to the petitioner and a show cause notice was issued to him to explain as to why he should not be removed from the service of the Undertaking in pursuance of the aforesaid show cause notice.

(3.) Subsequently, on 8.6. 1973, the petitioner was removed from service by The Deputy General Manager. The approval under Section 33(2)(b) of the Industrial Disputes Act was also obtained from the Additional Industrial Tribunal.