Shri Jagdish Singh vs Delhi Transport Corporation
2006 Latest Caselaw 1840 Del

JUDGMENT

Manju Goel, J.

1. Admit.

2. The petition is taken up for final disposal with parties' counsel.

3. The petitioner is challenging the order dated 2.6.2006 whereby the petitioner who had earlier received an appointment to the post of Assistant Store Keeper (in short `ASK') was reverted to the post of Conductor. The petitioner obtained an order of stay and continued to occupy the post of ASK during the pendency of the writ petition. The ground on which the order of reversion is passed is that his experience certificate dated 30.4.1983 is false. A vigilance inquiry was held sometime in October, 2005. In the inquiry it was found that at the address of 37, South Patel Nagar there was no running shop or any business and that the shop was lying closed. A notice to show cause was subsequently issued to the petitioner and the petitioner submitted a reply on 19.5.2006. In this reply the petitioner contended that the shop in question was actually closed down in 1983. The petitioner also filed the affidavit dated 7.11.2005 of the person who had issued the certificate saying that the certificate was genuine. The respondent has found the explanation to be unsatisfactory. There is, however, nothing on the basis of which the respondent could arrive at such a finding. Admittedly, no further vigilance inquiry or inquiry on any kind was conducted after the response was submitted.

4. The petitioner further points out that apart from his experience in store keeping in the years 1981-83 he has experience of store keeping in the respondent organization itself as he had worked in place of ASK from 1989 onwards. The petitioner for this purpose relies upon a certificate to this effect annexed to his earlier application dated 17.9.1998 for the same post. There is nothing on the record to show whether this document has at all been considered by the respondent. Therefore, the impugned order is to be set aside as an order without sufficient application of mind.

5. The impugned order dated 2.6.2006 is hereby set aside with liberty to the respondent to pass a fresh order after taking into consideration the response of the petitioner to the effect that the shop in question was in existence in the years 1981-83 and the certificate annexed to his earlier application of the year 1998 for the post of ASK signed by the Depot Manager (copy of which is at page 20 of the present writ petition).

6. The writ petition stands disposed of with above directions. A copy of this order be given dusty to counsel for both sides.