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Sri Bhagwan vs. Delhi Transport Corporation

Writ Petition (Civil) · 2026:DHC:8034Decided 16 Sept 2026New Delhi Bench
W.P.(C) 6962/2008CNR: DLHC011363892008
Justice Amit Mahajan

Background

Sri Bhagwan, a DTC conductor since 1979, was removed from service after being found, in 1991, to have collected ₹2 fare from a passenger but issued a ticket worth only ₹1, with his cash also found ₹10 short. He admitted the charge in his enquiry reply and asked for no further enquiry. The Industrial Tribunal upheld his removal, and he challenged this before the High Court, arguing the punishment was grossly disproportionate for gaining just ₹1, and that he had been unwell that day and made an honest mistake.

Decision Breakdown

The Court found the Tribunal had rightly relied on the workman's own clear admission in his enquiry reply, and that he never produced any medical evidence to back his claim of having been unwell. It rejected the argument that a small monetary amount automatically makes dismissal disproportionate, citing Supreme Court rulings that in cases of dishonesty or fraud (as opposed to mere carelessness), even a petty misappropriated sum can justify dismissal, because it is the breach of trust, not the rupee amount, that matters. Given the workman's admission and prior disciplinary history, the removal was upheld and the petition dismissed.

Lesson Learnt

In cases involving dishonesty (as opposed to genuine mistake), the small size of the amount involved is not, by itself, a reason to treat dismissal as too harsh: courts focus on the breach of trust rather than the rupee value.

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