(1.) THIS is a writ petition filed by the DTC (hereinafter to be referred as the petitioner) seeking to challenge the award dated 28. 07. 2004 in I. D. No. 349/1998 directing reinstatement of the respondent with full back wages.
(2.) BRIEFLY stated the facts of the case relevant for the disposal of this writ petition are that the respondent was employed as a Conductor with the petitioner with effect from February 1984. He was served with a charge-sheet on 20. 11. 1992, a true typed copy of which is Annexure P-2 at pages 28 and 29 of the paper Book. The respondent vide said charge- sheet was accused of mis-conduct within the meaning of paras 6, 7 and 19 (b) and (m) of the Standing Orders governing the conduct of DTC employees. The charge against the respondent was to the following effect:
(3.) THE respondent vide afore-mentioned charge-sheet was called upon to give his response to the above-mentioned charge against him within ten days and liberty was granted to him to inspect any document relevant to the case from the records of the petitioner lying with the Depot Manager within 24 hours of receipt of the charge-sheet. The respondent gave his reply to the charge-sheet which was not found satisfactory by the management of the petitioner. A domestic inquiry into the charges was held against the respondent in which he was found guilty. After considering the inquiry report and other attendant circumstances, the Disciplinary Authorities decided to remove the respondent from its service and accordingly the respondent was removed from the service of the petitioner w. e. f. 08. 04. 1993.