The tribunal gave the order on DTC's plea for approval of its action of removing driver Ajaib Singh from services on the ground that he was found absent from his duties for 151 days between August 1991 to July 1992.
"This tribunal is of the considered view that the conduct of the workman (Singh) is nothing but irresponsible in extreme and cannot be justified. It is held that the workman committed the misconduct as alleged against him," said the tribunal's Presiding Officer Mahavir Singhal.
In its plea, the DTC had said that on basis of report on Singh's absence, he was served in September 1992 with a charge and an oral enquiry and detailed investigation was held in this case.
It said the enquiry officer found all charges levelled in the charge sheet proved and submitted his report to depot manager of Shahdara Depot-I here.
The depot manager issued show cause notice on May 31, 1993 to Singh asking him as to why he should not be removed from services and as Singh failed to submit the reply to it within the stipulated period, the depot manager decided to remove him from service, the corporation said.
It said the removal order was issued on October 14, 1993 and one month wages was also remitted to him as required under the provisions of the Industrial Disputes Act.
Singh contested the DTC's plea and denied all the charges levelled against him and also said he had not committed any irregularities as alleged in it.
He said that depot manager was not the competent authority to pass the order of his removal from service.
Singh, in his reply to the tribunal, had alleged that full one month's salary was not paid to him and the enquiry conducted against him was held neither as per the rules nor the principle of natural justice was observed.
After going through the records, the tribunal, however, held that "absence without obtaining leave in advance is nothing but irresponsible in extreme and can hardly be justified."
"In view of my findings....Approval petition, for removal of respondent/workman Ajaib Singh from services, is allowed. Copy of this order be sent to GNCT of Delhi for information," it said, adding the DTC had also remitted full one month's wage to Singh as per the provisions of the Industrial Disputes Act.
