MAHENDER PAL Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) This appeal is directed against the judgment dated 5th May 2017 passed by the learned Single Judge of this Court dismissing the Appellant's W.P.(C) 2914/2007 and thereby upholding an award dated 11th July 2006 by the Labour Court holding the Appellant's removal from service of the Respondent, the Delhi Transport Corporation ("DTC"), to be legal and justified.

(2.) The Appellant was employed as a Conductor with the DTC on 22nd June 1985. He was on duty as Conductor on Route No.304 (Mela Special) on 23rd November 1992. The bus started from Pragati Maidan and upon reaching National Stadium, a group of five passengers boarded the bus and sat on the front seats. According to the Appellant, when he approached them for tickets, they said that they would buy them in due course. The bus had then hardly moved 100-150 metres ahead when near the Zoo bus stop, a Checking Team signalled the bus to stop and found that the aforementioned five passengers did not have tickets. The Team then seized un-punched tickets from the Appellant and got the five passengers to pay Rs.3/- each (total Rs.15/-) to the Appellant.

(3.) A report dated 24th November 1992 was made by the Checking Team against the Appellant alleging that he had deliberately omitted to issue tickets to the passengers in question. Thereafter, on 15th December 1992, making reference to the report of the Checking Team, a charge sheet was issued to the Appellant wherein, inter alia, it was alleged as under: