MCD Vs. KANTA RANI KUMAR

JUDGEMENT

(1.) THE petitioner/Municipal Corporation of Delhi has impugned the order dated 8th October, 2009 passed by the Central Administrative Tribunal, Principal Bench in TA 1196/2009 allowing the application of the respondent and quashing the charge sheet issued in 2006 by the petitioner and also quashing the order dated 20th February, 2006 passed against her and directing the petitioner to grant promotion to the respondent from the date her other juniors had been given promotions with all consequential benefits.

(2.) THE case of the petitioner is that the Govt. of NCT of Delhi had initiated regular departmental inquiry for major penalty against the respondent who was working as an Assistant Education Officer with the petitioner. The allegation against the respondent was that while working as PGT in GGSSS, Nand Nagri, New Delhi, she had prepared a false transfer certificate of Class X on 13th August, 1991 in the name of Ms. Jyoti Rani, whereas Ms. Jyoti Rani, daughter of Smt. Jaisal Vijay, Principal had never studied in Class X of the said school. The respondent had joined as an Assistant Education Officer with the petitioner on 19th May, 1992 and she had retained her lien for a period of two years in Directorate of Education. A charge sheet was issued to the respondent on 17th February, 1995 framing the following charge: -

(3.) THE charge alleged against the respondent was denied by her. The respondent had challenged the departmental inquiry against her by the petitioner on the ground that she was no longer in the service of Delhi Government and consequently the proceedings against her were in violation of Rule 14 CCS (CCA) Rules. Pursuant to the objection by the respondent, the stand was taken that the charge sheet dated 17th February, 1995 was issued to the respondent in violation of Rule 14 of CCS (CCA) Rules and the competent authority to initiate disciplinary action was not Lieutenant Governor but the Commissioner, MCD after her joining MCD on 19th May, 1992. It was further asserted that the entire record has been preferred to the Commissioner/MCD for taking necessary action in accordance with the Government of India Instruction No. 1 under Rule 11 of the CCS(CCA) Rules, which is as under: -