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2. By WP(C) 13574/2004 the workman seeks relief of reinstatement and payment of arrears of salary and other benefits. Admittedly, had the workman continued in service he would have retired in October 2009.

3. The brief facts are that the workman Shri Man Mohan Kumar was a Conductor with the management. On 19.12.1986 he was assigned Route No.858. A checking team consisting of Shri Ram Prakash, TI and Dharam Pal Singh, ATI intercepted the bus on which the workman was deployed at Rajouri Garden and detected 30 bogus tickets in the possession of the workman. They had received information that the workman had sold one of the aforesaid 30 tickets to one passenger Shri K.K.Bhola. On checking his cash a shortage of Rs.25.60 in the sale proceeds of tickets was also found. The checking officials made a challan mentioning the above irregularities and the same was handed over to the conductor/workman but he refused to accept the challan. The checking officials submitted their report dated 19.12.1986 including the copies of the challan to the relevant office. They also reported the matter to the police station Rajouri Garden. Police checked the locker of the workman at the premises of DTC at Hari Nagar Depot-I, Jail Road, New Delhi. It is stated that under the procedure conductors are issued with a locker which remains under his lock and key and the conductor is required to keep his extra ticket stock issued to him for sale in the locker. On checking the locker the police is stated to have recovered more bogus and used tickets from the locker whch were taken by the police in custody. FIR No.603/1986 dated 19.12.1986 was lodged and the workman was arrested for offences under section 420/468/471 IPC. The workman was placed under suspension. He was served with a chargesheet on 17.3.1987. It is stated that he was supplied with documents and was also offered an opportunity of inspecting the case file.

15. In the present case there are three charges framed against the workman. The charges read as follows:-

"1. That on 19.12.86 while you were performing your duty on Route No.858 with bus No.5626 (P.O.), your bus was intercepted by the checking officials at Rajouri Garden and detected 30 bogus tickets of various denominations in your possession. On further checking, a good number of used tickets of various denominations were recovered from your locker by the checking staff in the presence of Duty Officers and Shri O.P. Bhutani, A.T.S. which clearly reflects your malafide intention.

26. This court allowed the writ petition.

27. Hence the conclusion of the tribunal that the solitary evidence of Shri Ram Prakash is not enough to prove the allegations against the workman is an incorrect conclusion. Shri Ram Prakash was a member of the checking team who detected the bogus tickets on the person of the workman. His evidence was the best evidence. The tribunal wrongly discarded his evidence.

28. It cannot be ignored that the inspecting party which conducted the surprise inspection, namely, Shri Ram Prakash TI and Shri Dharam Pal ATI contemporaneously after the inspection have immediately filed a report before the management on the same date about the incident. They have also immediately reported the matter to the police station Rajouri Garden. The police has acting on the complaint conducted a search of the locker of the workman. On checking the locker more bogus tickets have been discovered. On the strength of these facts an FIR was registered by the police. This contemporaneous action taken by the checking staff itself fortifies the stand of the management about the incident and about the forged tickets. The sequence of events and the prompt follow up steps taken by the inspection team as elaborated by Shri Ram Prakash in his evidence inspire confidence and prove the case of the management.