MCD Vs. S L MEENA

JUDGEMENT

(1.) MUNICIPAL Corporation of Delhi (MCD) has filed the aforesaid writ petitions aggrieved of the order passed by the Central Administrative Tribunal, New Delhi (hereinafter referred to as "the Tribunal") dated 26.03.09 whereby the Tribunal has set aside the orders passed by the petitioners dated 07.04.06 in having dismissed all the respondents with immediate effect without holding any Departmental Enquiry as well as the Orders of the Appellate Authority dated 03.04.07 upholding the aforesaid order but converting dismissal to compulsory retirement.

(2.) THE orders dated 07.04.2006 were passed by invoking provisions of Section 95 (2)(b) of the DMC Act r/w Regulations 9(ii) of the DMC Services (Control and Appeal) Regulations, 1959 and under Article 311(2) of the Constitution of India and which are similar in all the cases. THE respondents challenged those orders by filing appeals before the Honble Lt. Governor of Delhi, which were disposed of by the Appellate Authority vide common orders dated 03.04.2007 upholding the order dated 07.04.2006 but converting the order of dismissal to that of compulsory retirement.

(3.) THE petitioners have come before us by way of the aforesaid writ petitions with a prayer to set aside the impugned order passed by the Tribunal. THE lis subject matter of the aforesaid writ petitions arise out of a PIL titled as Kalyan Sanstha Social Welfare Organization Vs. Union of India and Ors. (CWP 4582/03), wherein a Division Bench of this Court (hereinafter referred to as the "PIL Bench") taking cognizance of mushroom growth of unauthorized construction throughout Delhi besides misuse of the properties, passed various orders from time to time against the petitioners from time to time. In the order dated 30.11.2005, it was observed:-