DELHI TRANSPORT CORPORATION Vs. JASBIR SINGH

JUDGEMENT

(1.) The petitioner Delhi Transport Corporation (DTC) assails the order dated 24.10.2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 100/3760/2013. The Tribunal has allowed the said Original Application preferred by the respondent and set aside the show cause notice dated 21.12.2012, termination order dated 04.01.2013, and the appellate orders dated 18.03.2013 and 31.07.2013 issued by the petitioner. The Tribunal has directed reinstatement of the respondent with 50 % back wages.

(2.) The respondent was appointed as a driver on 07.01.2009 with the DTC. While he was on probation, he was involved in an accident which led to the registration of FIR No. 304/2010 under Section 279/338 IPC. The petitioner issued a show cause notice to the respondent on 21.12.2012, calling upon him to show cause as to why his services be not terminated. The show cause notice took note of the fact that the respondent was involved in an accident and a case was pending. It also noticed the Resolution passed by the Board of DTC in its meeting held on 11.02.2011 - being Resolution No. 22/11, which laid down the guidelines regarding probation on appointment and its completion. The said guidelines, inter alia, provided that the probation, in no case, should extend to more than 4 years. This show cause notice by itself, did not apportion any blame on the respondent in so far as the accident was concerned. We may also observe that an internal committee of the petitioner also found the conduct of the respondent not to be blameworthy in relation to the said accident.

(3.) The respondent sent his response to the show cause notice which led to the passing of the termination order dated 04.01.2013. The termination order referred to the show cause notice; reply of the respondent to the show cause notice, and; observed that the reply has been found to be not satisfactory. It went on to state that "Hence the proposed punishment is hereby confirmed i.e. termination from the services of the Corporation with immediate effect under Clause 9 (a) (I) of the DRTA (Conditions of Appointment & Services) Regulation, 1952" (emphasis supplied)