R N UPADHYAY Vs. DELHI TRANSCO LTD

JUDGEMENT

(1.) THE petitioner was an employee of the erstwhile Delhi Vidyut Board (DVB). He was charge sheeted on 30th January, 1995 and which charge sheet ultimately resulted in the Disciplinary Authority of the DVB on 28 th December, 1998 imposing major penalty on the petitioner. THE departmental appeal preferred by the petitioner was also unsuccessful. THE petitioner ultimately filed W.P.(C) No.7339/1999 in this Court which was disposed of on 19th April, 2002; the order of the Disciplinary Authority and the Appellate Authority were quashed; however, it was left open to the Disciplinary Authority to issue fresh notice to the petitioner stating the reasons for disagreeing with the report of the Inquiry and calling upon the petitioner to show cause why the Disciplinary Authority should not differ from the report of the Inquiry Officer.

(2.) IN pursuance of the above, the Memorandum dated 25 th November, 2002 asking the petitioner to show cause and impugned in the present petition was issued.

(3.) THE counsel for the respondent No.2 BSES Rajdhani Power Ltd. states that the reply given by the petitioner to the notice to show cause vide Memorandum dated 25th November, 2002 is under consideration of the appropriate authority. It is stated that the delay was occasioned owing to the unbundling of the erstwhile DVB and the file having been forwarded by the respondent No.1 to the respondent No.2 now only (It may also be noticed that the question as to inter se-liability of the various entities created upon unbundling of the DVB was pending consideration before the Apex Court till the year 2010).