Delhi Transport Corporation vs Ramphal on 23 December, 2005
In the final award dated, 6th September, 2016, i.e. the impugned
award in the present case, the ld. Tribunal distinguished the judgment in
Delhi Transport Corporation vs. Ramphal (supra). The ld. Tribunal took
into consideration that though the Employee was not medically examined to
know the contents of alcohol in his blood, the same could also be established
through circumstantial evidence. The conductor had given a clear statement
against the Employee. Passengers had also called the PCR. The bus had hit
the footpath in subway. These facts proved that the situation was not normal.
The ultimate fact that the bus was driven to Noida Depot, by a driver from
Bawana Depot also shows that the Employee was not in his senses.