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High Court of DelhiW.P.(C)/11791/2018

Delhi Transport Corporation And ORS. v. Aman Verma

2018-10-31Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Mr. Justice A. K. Chawla2 pages

$~18.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11791/2018 & C.M. No. 45642/2018 DELHI TRANSPORT CORPORATION AND ORS...... Petitioner Through:

Mr. Aldanish Rein with Ms.

Maheravish Rein, Advs.

versus AMAN VERMA ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 31.10.2018 The petitioner DTC assails the order dated 13.03.2015 whereby the respondent's Original Application against his termination and blacklisting has been allowed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) on the ground of non - compliance of principles of natural justice.

Though the impugned order was passed on 13.03.2015 in O.A. No. 2779/2013, the present writ petition has been preferred now, apparently, on account of the pendency of the review application preferred by the petitioner. The said review application R.A. No. 144/2015 was dismissed by the Tribunal on 23.03.2018 and that order is also under challenge. The respondent was a contractual employee of the petitioner. In respect of an incident which occurred on 14.07.2012 involving the

respondent, he was issued a show cause notice dated 24.07.2012 and the respondent sent his reply thereto.

After receiving the reply of the respondent, the petitioner proceeded to pass the order dated 30.07.2012 thereby terminating him and blacklisting him with immediate effect. His appeal was also dismissed by the competent authority.

The Tribunal has allowed the Original Application on the premise that even though misconduct was alleged against the respondent - which forms the basis of his termination and blacklisting, the same was not preceded by any inquiry, and no reasons are found in the order of termination and blacklisting of the respondent, justifying the action. We find absolutely no merit in this petition, since it is well settled that a stigmatic order - even in respect of a contractual employee, cannot be passed without compliance of the principles of natural justice. The petition is, accordingly, dismissed.

VIPIN SANGHI, J A. K. CHAWLA, J OCTOBER 31, 2018 N.Khanna