P.C. Pandit, J. - (1.) THIS is a petition filed by the Management of the Transport Undertaking under Articles 226 and 227 of the Constitution challenging the order dated 12th April 1962 passed by the Industrial "tribunal, Delhi, respondent No. 1, dismissing the application of the petitioner under section 33 (2) (b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), seeking approval from respondent No. 1 for the removal of Sardar Singh, driver respondent No. 2, from the service of the petitioner on account of proved misconduct at a domestic enquiry.
(2.) ACCORDING to the allegations of the petitioner respondent No. 2 was employed as a driver and on 16th July l961, when on duty at Vinay Nagar Depot, he was allotted Bus No. 61 and then Bus No. 93, but he refused to outshed any of them on the pretext that the brakes of the former were defective and the oil -engine of the latter was leaking. Both these buses were checked by the Foreman and the Mechanics, but the complaint was found to be false. Having been told that there were no defects in the buses and that he should take out any one of them, respondent No. 2 refused to do so and instead adopted a boisterous attitude' towards his superior officer, namely, the Assistant Engineer, lncharge of the Depot. He shouted at him and rolling up his sleeves, used insulting language towards him. Thereupon, the said Assistant Engineer directed respondent No. 2 to be served with a challan, but he declined to accept the same. Thereafter, he was offered three more buses, but he re used to outshed any of them, saying that he would take out only a particular bus and not the others and that he would go on reporting defects in them. The Assistant Engineer then submitted a report along with the statements of the witnesses, who were present at the spot. The Assistant Traffic Superintendent also made a report regarding this incident. On a consideration of these reports, the Traffic Superintendent of Vinay Nagar Depot suspended respondent No. 2 from duty with effect from 17th July 1961 and charge -sheeted him on 20th July 19 1 on the following five counts : 1. That you lodged a fictitious report in the workshop in respect of buses Nos. 61 and 93 on 16th July 1961. 2. That on 16th July 1961 you misbehaved with the Assistant Engineer, Vinay Nagar, Depot. That on 16th July 1961 you exhibited disorderly behaviour in the premises of Vinay Nagar Depot.
(3.) THAT on 16th July 1961 you refused to accept the challan.;