K.Ramamoorthy, J. - (1.) The petitioner, who was working as Depot Manager(Assistant Engineer(M) was chargesheeted and ultimately by order dated 13.11.1991 he was dismissed from service. He preferred an appeal and the decision of the Board of the respondent, DTC, was communicated to him vide order dated 12.3.1992 confirming the order of dismissal.
(2.) The charge-sheet dated 17.7.1989 is as follows:- "Shri O.P.Gupta, Asstt.Engineer(M) is required to explain as to why disciplinary action under Clause 15(2) of the D.R.T.A.(Conditions of Appointment & Service) Regulations, 1952 read with Section 4(e) of the Delhi Road Transport Laws (Amendment) Act, 1971 should not be taken against him for the following irregularities committed by him during the course of his employment in this Corporation:- 1. He, while functioning as Depot Manager, Nand Nagri Depot, misused his official position with ulterior motive & to fabricate disciplinary case against Shri Hari Ram, Assistant Foreman, by pressuring & Compelling his subordinates namely S/Shri Satish Chander, Asstt.Fitter, B.No.7048, Ranvir Singh, T.T.C. P.T.No.16071 & Satbir Singh, Driver, B.No.16637 to give false statements which they gave under pressure & compulsion as disclosed by them subsequently. Copies of the relevant statements of S/Shri Satish Chander, Asstt.Fitter, Ranvir Singh, TTC & Satbior Singh, Driver, B.No.16637 are attached to Annexure A/I, A/II, A/III & A/IV. The statements subsequently given by them disclosing the facts are also attached at Annexure B/I, B/II, B/III & B/IV. 2. He implicated Shri Hari Ram, Asstt.Foreman, B.No.1513 in a disciplinary case by placing him under suspension vide memo No.NND/AT(T)/88/1459 dated 19.4.88 & by issuing charge sheet No.NND/AT(T)/CS/88/1834 dated 5.5.88 on the basis of preliminary enquiry conducted by Shri K.L.Dawar, A.T.S.,N.N.D. wherein the statements of the witness were got recorded by him (Shri O.P.Gupta) under pressure as mentioned in charge NO.1 above.
(3.) He, in connivance with Shri Satvir Singh, Driver B.No.16637 & Shri Satish Chander, Asstt.Fitter, B.No.7048, arranged on 17.4.88 to place the following items (DTC properly) in matador No.8783 attached to him for official duty, with the motive to pilfer the same: i) Shock absorber ii) Hose piper(new) iii) Injector pipe iv) Side glass v) Fuse head light bulbs vi) Roof-light bulbs vii) Gear leave nobe Matador No.8783 was checked on 17.4.88 at about 1600 hrs. when it was ready for outshedding for official use by Shri O.P.Gupta, by Shri Nagender Singh, Security Hawaldar on the verbal request of Shri Hari Ram Asstt.Foreman and the above mentioned items were recovered from the matador. The above said acts on the part of Shri O.P.Gupta, tantamount to misconduct within the meaning of paras 2(i), 19(b) & 19(m) of the standing orders governing conduct of employees of the Corporation. A copy of the statement of imputation of misconduct on the basis of which articles of charges have been framed against him is enclosed. @SUBPARA = His past record will be taken into consideration at the time of taking final decision. If he desires to be heard in person, a request to that effect be made in his explanation. His explanation should reach the undersigned within 10 days of the receipt of this charge-sheet by him. In case he wishes to inspect any of the relevant documents of reliance available on record, he will be allowed to do so and for this purpose he should report to the undersigned within 24 hours of the receipt of this memo by him. In the event of failure on the part of Shri O.P.Gupta to report to the undersigned for inspection of documents within 24 hours and thereafter to submit his explanation to the charge-sheet within 10 days, it will be assumed that he does not wish to avail of the opportunity of inspection of documents, and that he has no explanation to submit in response to this charge-sheet and further action in the case will be taken in accordance with the rules." 3. With reference to charges 1 & 2, the officer is alleged to have pressurised three subordinates, namely, Shri Satish Chander, Ranvir Singh and Satbir Singh, to give false statements against Shri Hari Ram who was Assistant Foreman under the petitioner, who was then the Depot Manager. In the charge-sheet nothing is mentioned as to why the petitioner had to pressurise those three persons against Hari Ram. For the purpose of issuing the charge-sheet on the ground mentioned therein, there must have been some act of commission and omission on the part of Hari Ram which prompted the petitioner to take action against him or there must have been some motive for the petitioner to take action against Hari Ram. The respondent No.1, DTC, had merely stated that the petitioner had pressurised the aforesaid three persons.;