Ram Sanjiwan v. Delhi Transport Corporation

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6896/2016 and CM Nos. 28307/2016 and 28308/2016 RAM SANJIWAN ..... Petitioner Through:

Mr.A.K.Bhakta and Mr. S.Prasad, Advocates versus DELHI TRANSPORT CORPORATION ..... Respondent Through:

Ms.Latika Chaudhary, Advocate

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 08.08.2016 The petitioner impugns the order dated 17.11.2015 in DID No.38/2009 passed by the Labour Court whereby the order dated 21.05.2008 passed by the respondent was upheld. It is the petitioner‟s case that the respondent issued a false charge sheet on 25.01.2008, on the ground that while he was on busconductor duty on Route No.453, the DTC checking staff caught him selling 122 fake tickets, priced at Rs.5/- and Rs.10/- respectively. The petitioner sought to refute the allegation by contending that the fake tickets found on his person were not used by him and that they were given to him by somebody who ran into the bus and handed them over, as if they had been dropped by some passenger of the bus. However, if that was the case, the petitioner ought to have entered the said documents in the „Waybill‟ which is meant to record such items. The departmental checking was conducted by three DTC officials

who have deposed against the petitioner to the effect that the fake tickets were found on his person. The charges against the petitioner stood proved after due process in which he was given full opportunity to present his case. The Labour Court has looked into all aspects of the petitioner‟s challenge to his dismissal from service after the departmental enquiry report concluded that the charges against him stood proved. There is no reason for this Court to interfere with the findings against the petitioner either in the enquiry report or with the impugned order.

The petition is without merit and is, accordingly, dismissed. NAJMI WAZIRI, J AUGUST 08, 2016/sv