RANJAN SUKHANI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the order and judgment dated 24th July, 2007 passed by the learned Single Judge dismissing the writ petition filed by the appellant herein.

(2.) The appellant while working with Delhi Transport Corporation as a Conductor was charge-sheeted for a mis-conduct as per charges drawn and intimated. The appellant submitted his reply but the respondent-Corporation was not satisfied. Consequently, a regular departmental proceeding was drawn up. On completion of the enquiry, the Enquiry Officer found that the appellant was guilty of misconduct. The Disciplinary Authority agreed with the findings recorded by the Enquiry Officer and passed an order removing the appellant from service.

(3.) Being aggrieved, the appellant raised a dispute, which was referred to and decided by the Labour Court. During the course of the aforesaid proceeding, a preliminary issue was framed on 11th September, 2001 to the effect that whether or not a proper and fair domestic enquiry was held in accordance with the principles of natural justice. The Labour Court on going through the records held that enquiry, which was held against the appellant was fair and justified and that the same did not call for any interference. On merits also after going through the evidence and upon dealing with various contentions raised, the learned Labour Court held that the enquiry was conducted fairly and properly in accordance with principles of natural justice in which the appellant-workman was allowed full opportunity to defend himself. It was held that the findings recorded by the Enquiry Officer were based on the evidence. Accordingly, an award was passed against the appellant in favour of the respondent-Management.