DTC challenged a Tribunal order directing full pay and allowances to a conductor whose suspension period (2001-2015) was treated as 'Duty' after his acquittal in a criminal case. The High Court upheld the Tribunal's view and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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DELHI TRANSPORT CORPORATION ....Petitioner Through: Ms. Anuja Saxena, Advocate.
versus
ASHUTOSH .....Respondent Through: Mr. Anil Mittal, Advocate.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R % 08.07.2024
Page 1 of 6
W.P.(C) 9147/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 00:50:08
whereby order dated 18.05.2017 passed by it against the respondent has been set aside.
Page 2 of 6
W.P.(C) 9147/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 00:50:08
merits and he has been given benefit of doubt in this order. It is averred that the respondent was placed under suspension w.e.f. 02.04.2001 till 20.01.2015 for not having informed the Department about his being in police custody, which is concealment of fact and his misconduct as per Rules and Regulations of DTC. Thus, a show-cause notice dated 09.02.2015 was served upon the respondent for failing to inform about his arrest within 48 hours, which is mandatory as per Rules.
Page 3 of 6
W.P.(C) 9147/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 00:50:08
“4. On hearing learned counsel for both the parties and perusing the pleadings available on record, we find that the crux of the matter hinges on the word "Duty" which has already been decided by the respondents for the period of suspension under question. The very fact that the term "Duty" has been used would imply that all the consequential benefits in terms of full pay etc. would flow therefrom.
5. In view of the above, we are of the considered opinion that the moment the term "Duty" has been used for regularizing the period of suspension, the respondents are duty bound to pay full salary for the period of suspension and any other consequential relief that follows, as per rules.
6. We, therefore, dispose of the present OA by giving the following directions:-
(i) The impugned order dated 18.05.2017 is hereby quashed and set aside qua the stand of the respondents that the pay and allowances paid during suspension period, without doing any work, are restricted to payments already made and nothing more on this account shall be payable.
(ii) Inasmuch as the period of suspension has already been treated as 'Duty' by the respondents they are directed to pay full pay and allowances applicable as per rules along with any other consequential benefits that flow out of it.
Page 4 of 6
W.P.(C) 9147/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 00:50:08
the respondent concealed the factum of his arrest in FIR No. 134/2001. The respondent did not work for DTC for almost 14 years. However, he was paid 75% of the suspension allowance even though his suspension was on serious charges.
Page 5 of 6
W.P.(C) 9147/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 00:50:08
has observed that the respondent was suspended on serious charges. He has been acquitted giving benefit of doubt after not having worked for almost 14 years and thus is request cannot be accepted.
SURESH KUMAR KAIT, J
GIRISH KATHPALIA, J
JULY 8, 2024 uk/r
Page 6 of 6
W.P.(C) 9147/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 00:50:08
1 issue framed by the court
Whether an employee acquitted on benefit of doubt, whose suspension period was treated as 'Duty' for continuity of service, is entitled to full pay and allowances for the suspension period.
3 provisions across 2 enactments
Delhi Transport Corporation
Ashutosh
Suresh Kumar Kait
Girish Kathpalia
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
