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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 10.02.2026 Date of decision: 13.04.2026 Uploaded on: 13.04.2026 + W.P.(C) 3183/2011 DELHI TRANSPORT CORPORATION .....Petitioner Through: Mr. Uday N. Tiwari, Adv.

versus HARISH CHANDRA .....Respondent Through: Mr. M.P. Sinha, Mr. Satyam Mishra and Ms. VhavyaRazshree, Advs.

CORAM:

HON'BLE MS. JUSTICE SHAIL JAIN

JUDGMENT

SHAIL JAIN, J.

1. The present writ petition has been filed by the petitioner, Delhi Transport Corporation, under Articles 226 and 227 of the Constitution of India, assailing the order dated 28.10.2009 (hereinafter referred to as the Impugned Order) and the Award dated 02.12.2010 (hereinafter referred to as the Impugned Award) passed by the learned Presiding Officer, Labour Court, Karkardooma Courts, Delhi, in DID No. 01/2008.

BRIEF FACTS:

2. The brief factual matrix, as borne out from the record, is that the respondent/workman, Harish Chandra (hereinafter referred to as the Respondent), was employed as a Conductor with the petitioner, Delhi Transport Corporation (DTC), since the year 1985 and was posted at Shriniwaspuri Depot, bearing Badge No. 22659.

3. On 16.10.2003, while the Respondent was performing his duties as a Conductor in Bus No. 6467 on Route No. 518/9, the bus was checked by the checking staff of the petitioner Corporation at the Hazrat Nizamuddin Railway Station Bus Stand at about 13:05 hours. During the inspection of the waybill and ticket blocks, it was allegedly found that the Respondent was in possession of certain ticket blocks of denominations of ₹5 and ₹10, bearing specific serial numbers, which were alleged to be counterfeit/duplicate in nature.

4. As per the checking report prepared by the checking staff, it was alleged that the Respondent possessed:

(i) a ticket block of denomination ₹5 bearing numbers 448-82164 to 82199, which were alleged to be counterfeit, whereas genuine tickets of the same block series 448-82161 to 82199 were also available; and (ii) ticket blocks of denomination ₹10 bearing numbers 483-11755 to 11799 and 483-11770 to 11799, which were stated to be bogus, whereas genuine tickets of the same series11760 to 11799 were also found.

5. Pursuant to the said incident, the Respondent was taken to the headquarters, and FIR No. 104/2003 was registered at Police Station Hazrat Nizamuddin Railway Station on same day under Sections 420, 468 and 471 IPC. The Respondent remained in judicial custody from 16.10.2003 to

30.10.2003.

6. The respondent/workman was placed under suspension vide order dated 17.10.2003, pending initiation and conclusion of disciplinary proceedings arising out of the alleged incident.

7. Thereafter, a charge sheet dated 24.02.2005 was issued by the petitioner/management alleging misconduct under Rule 19(b), (f), (h) and (m) of the DTC (Conduct) Rules, primarily on the ground of possession of forged/bogus ticket blocks causing financial loss to the Corporation. The Respondent submitted his reply to the charge sheet denying the allegations. Not being satisfied with the explanation furnished, the management initiated departmental disciplinary proceedings against the Respondent.

8. The enquiry proceedings were conducted initially by Ms. Sunita Chauhan and subsequently by Sh. Sushil Jacob on various dates between 08.04.2005 and 29.03.2006. During the course of the enquiry, the management examined witnesses, including members of the checking staff. The Respondent participated in the enquiry proceedings and cross-examined the witnesses produced by the management. Upon completion of the enquiry proceedings, the Enquiry Officer submitted his report dated 25.04.2006, holding that the charges against the Respondent stood proved.

9. Based on the findings recorded in the enquiry report, the management issued a show cause notice dated 13.10.2006 proposing the penalty of removal from service. The Respondent submitted his reply to the said notice; however, the disciplinary authority was not satisfied with the explanation offered. Cons