SHEO RAJ SINGH Vs. D T C

JUDGEMENT

(1.) The appellant herein is aggrieved by the Award of the Presiding Officer, Labour Court, Karkardooma Courts, Delhi in Industrial Dispute No.1825/94 and also by the judgment and order dated 1st September, 2006 passed by the learned Single Judge dismissing the writ petition.

(2.) The appellant herein was working as conductor with the Delhi Transport Corporation. He was placed under suspension and was charge sheeted on 23rd February, 1989. The charge sheet contained charges drawn against the appellant of misconduct of misappropriation of money by the appellant who was working as a conductor in a bus. The checking staff on 2nd February, 1989 carried out a surprise check in the bus in which the appellant was the conductor and on the said checking it was found that two of the six passengers who were deboarding from the said bus in which they were traveling without tickets. The said two passengers who were found to be without tickets on asking told the checking staff that they had paid the fare to the bus conductor but he did not issue any ticket to them. On the aforesaid allegation, charges were framed and charge sheet was issued. The appellant replied to the aforesaid show cause notice. The disciplinary authority was, however, not satisfied with the defence taken and accordingly ordered for holding a regular inquiry against the appellant. The Inquiry Officer was appointed who enquired into the charges and thereafter on completion of the inquiry he submitted his report holding the appellant guilty of charge. On the basis of the aforesaid report of the inquiry officer, the appellant was served a show cause notice dated 27th December, 1989 to show cause why he should not be dismissed from service. The appellant submitted is reply. On perusal of the entire records of the reply submitted by the appellant and the defence taken by him, the disciplinary authority issued an order of dismissal from service against the appellant dated 27th September, 1990.

(3.) Being aggrieved by the aforesaid order of dismissal from service, the appellant raised an industrial dispute which was referred for adjudication by the appropriate Government to the Labour Court, Karkardooma Courts, Delhi on the following terms: