DELHI DEVELOPMENT AUTHORITY Vs. V K GUPTA

JUDGEMENT

(1.) The petitioner Delhi Development Authority has challenged the order dated 13th October, 2009 passed by Central Administrative Tribunal, Principal Bench, New Delhi in O.A bearing No.2653/2008 titled Sh.V.K.Gupta, Assistant Engineer v. Delhi Development Authority allowing his application for quashing the charges framed against him in 2008 for the alleged lapses in supervising the construction in 1992-1993.

(2.) While allowing the original application of the respondent the Tribunal relied on a similar case where the memorandum of charges against the similarly placed junior engineers were quashed in O.A bearing No.2585/2008 titled Sh.Shailendra Kumar v. Delhi Development Authority which was also allowed by the Tribunal by order dated 8th September, 2009. The Tribunal while allowing the application of the respondent had held that for the parity of reasons given in the case of Shailendra Kumar (supra) the application of the respondent is also to be allowed. Against the order passed in O.A bearing No.2585/2008 titled Sh.Shailendra Kumar v. Delhi Development Authority a writ petition being W.P(C) No.3793/2010 titled as Delhi Development Authority Vs Shailendra Kumar was filed by the petitioner, Delhi Development Authority which has been dismissed by this Court by order dated 31st May, 2010. The learned counsel for the petitioner is unable to point out any substantial difference in the case of respondent with that of Shailendra Kumar (supra).

(3.) Therefore, for the reasons stated in W.P(C) No.3793/2010 titled as Delhi Development Authority Vs Shailendra Kumar which has been dismissed by this Court by order dated 31st May, 2010, this Court does not find any such illegality or irregularity in the order of the Tribunal dated 10th September, 2009 which will necessitate any interference by this Court. The writ petition, therefore, is without any merit and it is dismissed.