Delhi Transport Corporation vs Om Kanwar on 14 January, 2016

1. It was the sixth day of January, 1993. Bus No.990 belonging to the
Delhi Transport Corporation was plying on the route : Chandigarh – Delhi.
Om Kanwar, the respondent in the two captioned appeals, was the
conductor. The bus was intercepted by a checking squad of DTC at the
Karnal Bye-Pass. The squad claimed that five passengers were caught while
de-boarding at the Karnal Bye-Pass and failed to produce tickets; and
claimed that each told having paid `12/- to Om Kanwar for travelling from
Shahbad with the destination being Karnal. Their statements were recorded.
In spite of being directed to hand over the complaint book, Om Kanwar
refused to do so. A report was prepared.
2. Om Kanwar was served with a charge-sheet on January 18, 1993
containing the memorandum of the charge listing the gravamen as per para 1
above. Om Kanwar denied the charge and this necessitated the appointment
of an Inquiry Officer. Serving Om Kanwar with the notice of conducting
the inquiry and completing the preliminaries such as insuring that Om
Kanwar had received the charge memorandum, the relied upon documents
and the list of witnesses through whom the charge was intended to be
proved, the Inquiry Office commenced recording the statements of the
witnesses of the Delhi Transport Corporation. The Record of the Inquiry
shows that Sh.Nathu Ram, Ticket Inspector and Jagdish Chandra, Assistant
Ticket Inspector were examined as the witnesses on March 26, 1993.
Before examining the witnesses, obtaining Om Kanwar’s signatures, the
Inquiry Officer recorded that there was no need for any presenting officer to
represent DTC and Om Kanwar did not desire to be defended by any friend
of the charged officer. Nathu Ram and Jagdish Chandra deposed in
harmony as per the charge and stated that they had intercepted five
passengers who de-boarded the bus of which Om Kanwar was the conductor
and none produced a ticket and claimed having paid the fare of `12/- each to

LPA Nos.117/2015 & 118/2015 Page 2 of 18
Om Kanwar to travel from Shahbad to Karnal and that Om Kanwar did not
issue any ticket to them. The two further proved that in spite of being called
upon to produce the complaint book Om Kanwar did not do so. They
proved the statements of the passenger, the report prepared by them at the
spot and other documents. The Inquiry Officer asked some questions from
the two witnesses seeking clarifications. Given an opportunity to cross-
examine the two witnesses, Om Kanwar refused to do so. His signatures
were obtained at the bottom of the deposition of the two witnesses.
Recording that the evidence of the management was closed, the Inquiry
Officer recorded that Om Kanwar desires to examine witnesses, being the
five passengers who were allegedly intercepted by the checking squad. The
Inquiry Officer recorded that the witnesses may be produced on May 11,

Source: Indian Kanoon

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