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D.T.C. vs. Ishwar Singh & Ors.

Writ Petition (Civil) · 2026:DHC:7829Decided 14 Sept 2026New Delhi Bench
W.P.(C) 5606/2006CNR: DLHC010736312006
Justice Amit Mahajan

Background

DTC had punished a bus conductor (stoppage of three increments) after a 1996 charge that he under-ticketed passengers and misbehaved with checking staff. The Industrial Tribunal later held the punishment illegal because DTC failed to produce the actual enquiry records to prove the conductor got a fair hearing, and also failed to independently prove the misconduct with proper evidence.

Decision Breakdown

The High Court refused to interfere with the Tribunal's finding. Since DTC could not produce the enquiry proceedings or the enquiry officer's report, the Tribunal was right to conclude the domestic enquiry was not properly conducted, and DTC had also not led independent evidence (like testimony from the checking staff or passengers) to otherwise prove the misconduct. The Court held it does not sit as an appellate body to re-examine the Tribunal's factual findings absent perversity.

Lesson Learnt

An employer that punishes a worker after a disciplinary enquiry must be able to produce the enquiry record if challenged, failing to preserve or present that record can doom the punishment regardless of how the underlying facts might otherwise look.

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