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Judgment
Vijay Lakshmi, Member (J)
Heard Shri Rajesh Chauhan proxy to Shri Sachin Chauhan, learned counsel for the applicant and Shri Jatin Parashar proxy to Shri Ajesh Luthra, learned counsel who appeared on behalf of the respondent-DTC.
MA No.962/ 2020
This MA has been filed seeking condonation of delay in filing the OA. For the reasons stated in the affidavit, in support of the delay application, the same is allowed and the delay is condoned.
OA No.767/ 2020
This OA is filed by a Driver of DTC whose services were terminated as the driving license produced at the time of driving test for recruitment was subsequently found to be fake.
Learned counsel for the applicant mentions that this very issue has been gone into by Hon‟ble Delhi High Court in Writ Petition(C) No.1111/2017 and batch wherein the following orders have been passed on 13.08.2019:-
"23. Resultantly, following the decision of the Supreme Court in Surender Singh (supra), we dispose of these petitions by permitting the petitioner to issue detailed show cause notices to each of the respondents and other similarly situated. The show cause notices shall be accompanied with the relevant documents in respect of each of the respondents on which the DTC seeks to rely, and should set out the specific charge(s) framed against each of them respectively. Two weeks time shall be granted to the notices to respond to the show cause notices from the date of receipt of the respective notice. Depending upon whether, or not, the responses are received, and if so received, the petitioner shall proceed in accordance with principles of natural justice.
The noticees shall co-operate in the inquiries and the inquiries shall not be adjourned unnecessarily. From the date(s) on which the show cause notices are issued, the noticees shall be deemed to have been reinstated for the purpose of the enquiry, and they would be entitled to receive Subsistence Allowance on their deemed reinstatement for the purpose of enquiry, till the completion of the inquiry. However, in case, it is found that any of the noticees are not co-operating in the inquiry proceedings, or delaying the same unnecessarily - for reasons to be recorded, it shall be open to the petitioner to stop payment of Subsistence Allowance. In case, the respondents/noticees are aggrieved by any order that may be passed by the Disciplinary Authority on the basis of the enquiry so conducted, it shall be open to them to avail of their rights and remedies.
It shall be open to the Competent Authority to decide on the aspect of back wages, etc. depending on the outcome of the disciplinary proceedings.
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The petitions stand disposed of in the aforesaid terms.
It shall be open to the petitioner to produce this order before the Learned CAT for adoption of the same directions in the Original Applications pending before it."
The respondents pleaded that the instant OA can be disposed of in terms of above order by the Hon‟ble High Court.
Matter has been heard. In view of the foregoing judgment by Hon‟ble High Court of Delhi, the present OA is disposed off with direction to Respondents to take action as directed by the Hon‟ble High Court of Delhi (para 4 supra). No costs.