DELHI TRANSPORT CORPORATION Vs. MEHAR SINGH

JUDGEMENT

(1.) THIS writ petition is taken up for final disposal by a consent order because counsel for both the parties have agreed for passing of a consent order in the matter.

(2.) THE writ petition filed by the DTC is directed against an order dated 29. 03. 2003 in O. P. No. 202/94 declining approval to the petitioner under section 33 (2) (b) for removal of the respondent from its service w. e. f. 03. 08. 1994. The respondent was employed as a Conductor with the petitioner w. e. f. 14. 03. 1986. He was served with a charge sheet dated 21. 09. 1992, which is at page 20 of the paper book. There were two charges against the respondent. The first charge against him was that after collecting the due fare of Re. 1/-from a passenger, he had not issued ticket to him. The second charge against him was that on checking of his cash, excess cash of Rs. 3. 20/- was found from his cash bag. Domestic inquiry was held by the petitioner against the respondent in which he was found guilty of both the charges. The inquiry report which is Annexure 'g' is at pages 22-24 of the paper book. The petitioner, on the basis of the inquiry report and after taking into account his service record, removed the respondent from its service w. e. f. 03. 08. 1994.

(3.) SINCE on the date of removal of the respondent from the service of the petitioner, an earlier industrial dispute with regard to general demands of the employees of DTC was pending adjudication before the tribunal, the petitioner filed an application under Section 33 (2) (b) for approval of the tribunal for removal of the respondent from its service. This approval application of the petitioner has been dismissed by the tribunal vide impugned order dated 29. 03. 2003 on the sole ground that the passenger from whom the respondent had taken Re. 1 fare and had not issued the ticket to him was not examined by the petitioner in the domestic inquiry.