BUDH PRAKASH Vs. D.T.C. AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned single Judge dated 29th July, 2008 dismissing the appellant's writ petition being W.P.(C) No. 5439/2007. The appellant is a Conductor employed 8th with the respondent Delhi Transport Corporation ('DTC'). On September, 1998, he was on duty in Bus No. DL 1P2592 carrying passengers from Delhi to Dehradun. The bus was attacked by four armed persons while passing through the jurisdiction of Police Station Behari Garh, District Saharanpur, Uttar Pradesh. They tried to stop the bus and when it did not, the robbers started firing with their firearms and attempted to loot and injure the passengers. The appellant pounced upon one of the robbers and snatched his pistol. Upon this, the four robbers got alarmed and escaped. In regard to this incident, an FIR was registered at Police Station Behari Garh. A copy of the said FIR has been enclosed with the present appeal. It records the statement of the appellant describing the incident as aforementioned. It also mentions that the driver also sustained injuries as a result of firing. A copy of the injury report and the discharge summary dated 11th September, 1998 has also been annexed to the appeal. It shows that the appellant was treated at Dr. Ram Manohar Lohia Hospital, New (Signer's identity unknown) Signed by Naresh Mehta Time: 2009.05.18 11:11:49 +05'30' Reason: Location: Delhi.

(2.) THE appellant has also placed on record a copy of a letter dated 5th November, 1998 written by the Additional Superintendent of Police, Saharanpur stating that both the driver and the conductor of the bus "had showed exemplary courage and fortitude, and not even being concerned for their own lives, despite being injured, had saved the bus from being robbed". He recommended that the driver and the conductor "may be suitably rewarded and may be granted promotion for their meritorious service". Letter dated 5th November, 1998 reads as follows:

(3.) ACCORDINGLY the DTC Board was directed to take a fresh decision and consider the case of the appellant for grant of an out -of -turn promotion within a period of four weeks. The order of the learned single Judge was set aside. In compliance of the order of the Division Bench, DTC has filed an affidavit dated 30th April, 2009 along with the copy of the decision taken by the DTC Board. It is seen from the affidavit along with copy of the decision taken by the DTC Board that the DTC has merely reiterated its earlier decision in the minutes of the DTC Board Meeting which is reproduced below: