AI Structured Summary
Not yet generated for this judgment
Judgment
Aradhana Johri, Member (A)
The applicant is a driver in DTC. He has filed this OA for review of orders dated 27.01.2000, 26.04.2007, 21.11.2014, 15.01.2015, 16.02.2015,
13.10.2015, 08.05.2019 and 15.09.2019, by which annual increments were withheld by way of punishment. He has also sought to review the period of
suspension which was done by orders dated 23.05.1995, 18.08.2006, 28.09.2011 and 30.05.2017 and paid full salary. He has challenged the order
dated 10.6.2020 by which a representation dated 05.9.2019 relating to penalties inflicted in bygone years, has been rejected.
The applicant has claimed that withheld increments and salary be paid to him on the grounds that he has suffered due to unfair labour practices
adopted.
Shri Ajesh Luthra, learned counsel appearing on advance notice on behalf of respondents has stated that various penalty orders given over a period
of time from 1995 onwards have not been challenged and have attained finality. Withholding of increments would be as a consequence of the penalty
which was inflicted due to various acts of misconduct. After a lapse of so many years, the applicant cannot challenge the said order and the OA is
hopelessly time barred. Further, the applicant has not sought condonation of delay.
Heard Shri Pratap CH Mishra learned counsel for applicant and Shri Ajesh Luthra learned counsel for respondents and perused the OA.
It is amply clear that withholding of increments and full salary is a consequence of several penalty orders inflicted on the applicant from time to
time, the oldest being of 1995, as a consequence of certain acts of misconduct. Therefore, at this stage, the matter is hopelessly time barred and
cannot be entertained.
O.A is dismissed. No order as to costs.