Dismissing findings, HC grants Rs 3L compensation to DTC employee
“From the evidence on record, no charge of beating by <g data-gr-id="30">iron</g> pipe is made out and only the fact that both were quarreling was established. Even assuming Vijay Tiwari was the aggressor, the punishment of removal for a quarrel not resulting in an injury is shockingly unconscionable and is thus set aside.”
Referring to the allegations by then officer, Satnam Singh, the court said: “A perusal of the statement would show the absurdity as to how after having thrown the pipe outside the room, Vijay Tiwari could have hit Satnam Singh with a pipe. On further questioning by the inquiry officer, Satnam Singh admitted that he had no injury mark and the injury was only internal and not visible.”
The officer had allegedly stated that he had caught the pipe when Vijay Tiwari attacked him with it. Thereupon, Tiwari threw the pipe outside and thereafter, caught him by the hair and bashed him up with the pipe. On a specific query put by the inquiry officer, the witnesses stated that Vijay Tiwari was not carrying any iron rod in his hand, the Court noted.
Granting the compensation the Court said: “Considering the facts and circumstances of the case no reinstatement of Vijay Tiwari can be directed at this stage and the ends of justice would be met if he is awarded a compensation of Rs 3 lakh.
“Appeal is consequently disposed of setting aside the order dated September 12, 1989, of removal of Vijay Tiwari from the services and DTC is directed to pay a lump sum compensation of Rs 3 lakh to Vijay Tiwari in lieu of reinstatement with back wages within a period of 8 weeks…” the court further said.