OM PRAKASH Vs. DELHI TRANSPORT CORPORATION THROUGH CHAIRMAN, DELHI TRANSPORT CORPORATION I.P. HEAD QUARTERS, DELHI

JUDGEMENT

(1.) In this OA (which has been heard for fresh adjudication on remand from the High Court of Delhi vide order dated 12.07.2011 in Writ Petition (C ) No. 4009/2011), the applicant, a Driver in the Delhi Transport Corporation (DTC), has challenged the order dated 04.07.2008 (Annexure A -1) vide which he was suspended, order dated 23.04.2010 in terms of which the punishment of stoppage of two due increments without cumulative effect for 2 years was imposed on him, order dated 03.08.2010 vide which the Appellate Authority rejected the appeal of the applicant, and order dated 16.12.2010 vide which the Competent Authority (CMD, President Grievance Committee) had rejected the representation of the applicant made on 01.11.2010.

(2.) The brief facts of the case are that a criminal case FIR No.241/08 dated 18.04.2008 had been registered against the applicant under section 308/34 of IPC in Police Station Najafgarh in which his two sons were also reportedly a party and one of them was also stated to have been kept in police custody. It was alleged that the applicant had been absconding from his home despite issuance of an arrest warrant and was also absent from duty from 14.05.2008 to 23.05.2008, and had got sent applications for medical leave to the office. It is stated that a letter was sent by the police to the Depot Manager on 29.05.2008 giving information about the case and it was said that in case the applicant comes to the office, he should be asked to report to the police station, Najafgarh. The applicant surrendered before the Court on 29.6.2008 when he was taken into custody and was later release on bail. He was placed under suspension w.e.f. 28.06.2008 pending an enquiry into his case, and on 11.8.2008 he was issued charge sheet as under: - That on 18.04.2008 an FIR No. 241 dated 18.4.2008 is registered against you in police station Najafgarh u/s 308/34 I.P.C and even after issuance of arrest warrant against you, you absconded from you home and concealed the facts and got sent the medical leave in the office and surrendered before the Court on 28.6.2008. Thereafter you were kept in Tihar Jail no 4 in judicial custody till 11.7.2008. Your aforesaid conduct shows the tendency of concealment of facts. After issue of a show cause notice to him and after consideration of his reply thereto, the punishment mentioned above was imposed and the appeal/representation made there against were rejected. He has, therefore, filed this OA for the following relief: - That the order of suspension 4.7.08 and charge sheet dated 11.8.10 be declared illegal and unsustainable and non est in law and punishment imposed vide order dated 23.4.10 and order dated 3.8.10 of rejection of appeal, and order dated 16.12.10 of rejection of grievance appeal be set aside.

(3.) The main grounds on which the above relief is sought by the applicant are the following: -