DELHI TRANSPORT CORPORATION Vs. MAHESH CHAND

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of order dated 23rd December, 2002 of Industrial Tribunal-II, Karkardooma, Delhi whereby the Tribunal dismissed the application under Section 33(2)(b) of the Industrial Disputes Act.

(2.) Briefly, the facts are that the respondent Mahesh Chand was working as a driver with the petitioner. On 20th March, 1991, he indulged into misconduct and following charges were levied against him:

(3.) An enquiry was held into the charges and the respondent was given full opportunity to defend his case. The Enquiry Officer found all the charges, leveled in the charge-sheet, proved against the respondent and forwarded his report to the Disciplinary Authority. After considering the report of the Enquiry Officer and past record of the respondent, Disciplinary Authority issued show cause notice dated 4th December, 1991 directing the employee to show cause as to why he should not be removed from the service. The respondent submitted no reply to the show cause notice and Disciplinary Authority imposed a punishment of dismissal from service vide an order dated 13th January, 1992. The order reads as under: