VIJAY PAL SINGH Vs. N D M C

JUDGEMENT

(1.) THIS appeal is directed against the order dated 27th February, 2007 passed by the learned Single Judge agreeing with award dated 7th April, 2004 passed by the Presiding Officer of the Industrial Tribunal holding that the appellant is not entitled to any relief of reinstatement and regularisation.

(2.) THE appellant was working as muster roll employee with the NDMC and while working as such he was caught red handed stealing sprinkler valves on 19th June, 1993. A criminal case under Section 379/411 IPC was filed against him. The appellant did not report for duty after that. The criminal case was brought to trial and on conclusion of the trial, he was convicted on 6th August, 1994. However, by order dated 8th August, 1994 he was released on probation.

(3.) A representation was filed by the appellant in 1995 requesting the respondent to re-engage him and take him back in service. The said request was rejected by the respondent. A copy of the letter written by the respondent on 30th August, 1996 is on record. In the said letter the respondent informed the appellant while disposing of his representation dated 17th July, 1995 that he cannot be reinstated in the post of Chowkidar or Mali in the NDMC. The appellant did not raise any dispute nor challenged the same in any court of law till 2001 when he moved the appropriate government for making a reference upon which a reference was made by the appropriate government in the following terms: