DDA Vs. P C JAIN

JUDGEMENT

(1.) The petitioner DDA has challenged the order dated 29th April, 2008 passed by the Central Administrative Tribunal, Principal Bench in TA 92/2007 allowing the application of the respondent setting aside the penalty advice dated 21st March, 2001 for 2% cut in pension for one year pursuant to a charge sheet which was issued one day prior to retirement of the respondent on 30th January, 1996.

(2.) Brief relevant facts to comprehend the controversies are that the respondent was working as a Director (Building) with the DDA at the relevant time. A plot of land had been allotted to M/s. Jaina Group of Builders bearing Plot No. 272, Fruit and Vegetable Market, Okhla, New Delhi. The allotee of the plot was issued a notice by the petitioner to submit a stamped lease deed. For submitting the lease deed notice dated 3rd May, 1989 was issued by the land department of the petitioner against which a writ petition being WP(C ) No. 2218/1989 was filed by the allottee of the said plot.

(3.) During the pendency of the writ petition filed by the allottee/builder of the plot, an inspection of the building constructed thereon was made and certain unauthorized constructions were noticed which were not in conformity with sanctioned plan. In the writ petition filed by the allottee/builder of the plot, the petitioner, there f ore filed an additional af fidavit detailing the deviations found in the building. The writ petition filed by the builder/allottee was disposed of by the High Court holding that the deviations pointed out by the petitioner/DDA in the additional af fidavit be treated as a notice under Sections 30 & 31 of the DDA Act against the builder/allottee which should be replied by him. The High Court also ordered that the show cause notice dated 3rd May, 1989 be disposed of after holding inquiry in accordance with law.