Delhi High Court has given relief to a dismissed bus conductor of Delhi Transport Corporation (DTC) while giving an important verdict in a 34 year old case. This case was to an alleged embezzlement of just Rs 20, in which it was alleged that the conductor did not give tickets to the passengers despite taking money from them. After this incident he was dismissed from the job. The case continued in various courts for years and the conductor had to fight a legal battle for about 34 years. Now the High Court has given its verdict and ordered the reinstatement of his service.
A division bench of Chief Justice DK Upadhyay and Justice Tejas Karia directed DTC to reinstate the bus conductor on the job. However, the court also made it clear that the conductor’s mistake cannot be completely ignored. For this reason the court ordered that he would not be paid back wages. The court bench acknowledged that the reinstatement of the bus conductor was being ordered due to some lapses in the investigation process, but also clarified that there was a misappropriation of Rs 20. The court commented that the responsibility for this disturbance lies with the bus conductor. On this basis, the court ordered him to be reinstated on the job, but also said that he would have to pay the “price” for it. For this reason he will not be given the benefit of back wages.
Passengers were not made witnesses
In the case, the court found that the investigation team had committed several significant procedural shortcomings. According to the report, the passengers who allegedly gave money to the conductor were not made witnesses. Moreover, the disputed amount of Rs 20 was also not recovered from the conductor. Keeping these shortcomings in mind, the court held that the allegations could not be proved beyond reasonable doubt. On this basis, the conductor was given the benefit of doubt and an order was passed to reinstate him in service.
In the case, both the Labor Court at Karkardooma and later the Delhi High Court had accepted that there were some irregularities on the part of the bus conductor. On this basis, the courts also made it clear that the conductor is not entitled to benefits like back wages and seniority. Although the High Court later ordered reinstatement keeping in mind the shortcomings in the investigation process and limited relief, financial benefits were denied.
Rs 2 each were taken from 10 passengers
According to the information, the accused bus conductor was on duty on Badshahpur route on 24 April 1992. At the same time, the inspection team of Delhi Transport Corporation stopped the bus and checked the tickets of the passengers. Investigation found that the conductor had taken Rs 2 each from 5 passengers traveling in the bus, but they were not issued tickets. Similarly, during the second inspection conducted in Bhondsi, it was revealed that despite taking Rs 2 each from 5 passengers, tickets were not given. The inspection team submitted the report of the entire matter to the department, after which the Delhi Transport Corporation dismissed the conductor from service.
