KAPOOR SINGH Vs. DELHI TRANSPORT CORPORATION
HIGH COURT OF DELHI
DELHI TRANSPORT CORPORATION
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DR. MUKUNDAKAM SHARMA, C.J. -
(1.) This appeal is directed against the order dated 15th September, 2006 passed by the learned Single Judge dismissing the writ petition filed by the appellant herein challenging the orders of the Industrial Tribunal dated 10th April, 2002 and 1st May, 2003 granting approval under Sections 33(2)(b) of the Industrial Disputes Act, 1947 to the Delhi Transport Corporation to the action removing the appellant from service.
(2.) The respondent Corporation issued a charge sheet to the appellant on 22nd January, 1993 on the ground of several misconducts as mentioned in the charge sheet. One of such misconducts pertained to failure on the part of the appellant, who was a conductor, to issue tickets to the passengers even after collecting due fares. On the basis of the aforesaid charge sheet, a regular inquiry was initiated in which the appellant was found guilty and accordingly an order was passed removing him from service. Based on the said action, the aforesaid application seeking approval was filed by the respondent Corporation in which order was passed in favour of the Corporation. The Industrial Tribunal framed a priliminary issue as to whether the respondent Corporation had held a valid inquiry against the appellant according to the principles of natural justice. The said issue was decided in favour of the Corporation under order dated 10th April, 2002. The Industrial Tribunal thereafter went into the next issue as to whether one month"s wages had been remitted to the appellant as per the provisions of Section 33(2)(b) of the Act. The said issue was also decided in favour of the respondent Corporation and thereafter the approval was accorded.
(3.) In the writ petition it was alleged that the Inquiry Officer arrived at a finding without there being any evidence before him and, therefore, report of the Inquiry Officer was perverse. It was also argued that the checking staff did not record statements of the passengers to whom tickets were allegedly not issued by the appellant though fares were collected. The aforesaid issues were considered by the learned Single Judge and by a detailed order dated 15th September, 2006, dismissed the writ petition holding that none of the aforesaid grounds was made out.;
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