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2022 Supreme(Del) 1697

PRATHIBA M. SINGH
Delhi Transport Corporation – Appellant
Versus
Raj Kumar Gupta – Respondent


Advocates appeared:
Bhakti Pasrija, Advocate, Moksh Pasrija, Advocate, G.S. Charya, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through video conferencing.

Brief Facts

2. The Petitioner-Corporation (hereinafter 'Corporation') has challenged the impugned orders dated 21st September, 2013 in O.P. No. 501/92 titled M/s Delhi Transport Corporation v. Sh. Raj Kumar Gupta and I.D. No. 400/93 titled Shri Raj Kumar Gupta v. Delhi Transport Corporation by which the Respondent-Workman (hereinafter 'Workman') has been awarded reinstatement, after holding that the termination of the Workman was illegal and unjustified and the enquiry conducted by the Corporation was vitiated. Similarly, the Workman was held to be not guilty of misconduct in O.P. No. 501/92, and the approval application of the Corporation was rejected.

3. Before proceeding to the impugned orders, this Court notes that the present matter has had a long history of litigation. a brief background of the present matter is as below.

4. The Workman was appointed as a Conductor with the Corporation on 9th March, 1982, and was in service for a period of approximately 10 years. In January, 1992, it is the case of the Corporation that the Workman was absent unauthorizedly between January to May, 1992, and the

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