10.01.2019 –
Delhi High Court (Division Bench) – L.P.A. No. 484/2017 – “Shirani Devi & Ors. vs. The Management of M/s Delhi Transport Corporation”
On the
allegation of misappropriating one rupee, Late Ambika Ram was removed from DTC
service in the year 1993. Charge against Ambika Ram was that while working as a
conductor with DTC, he sold/gave Re. 1/- ticket but charged Rs. 2/- for the
same from a passenger.
Ambika Ram succeeded
before the Labour Court in the year 2002 but Hon’ble Delhi High Court (Single
Bench), vide Order dated 19.04.2017, reversed the findings of the Labour Court
and upheld the removal order. During the pendency of the case before the Hon’ble
Delhi High Court (Single Bench), Ambika Ram expired in the year 2008. Legal heirs
of Late Ambika Ram preferred a Letters Patent Appeal (L.P.A. No. 484/2017) against
the Order dated 19.04.2017 before the Division Bench of Hon’ble Delhi High
Court.
Anuj Aggarwal,
Advocate, appearing for the legal heirs of Late Ambika Ram, submitted that
there was absolutely no evidence to hold Ambika Ram guilty. It was further
submitted that Ambika Ram had offered to check his cash bag and the checking
team failed to check his cash bag despite the said offer.
Hon'ble Dr. Justice
S. Muralidhar & Hon'ble Mr. Justice Sanjeev Narula, Delhi High Court, accepted
the submissions made on behalf of the deceased conductor and allowed the appeal
with cost of Rs. 20,000/-. It was declared that the legal heirs of the deceased
workman would be entitled to full back wages from the date of removal from
service up to the date of death with all the terminal benefits along with
interest thereupon @ 6% p.a.
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