K.L. KADAMB Vs. UOI

JUDGEMENT

(1.) THE present petition under Article 226 and 227 of the Constitution of India assails the order dated 21.12.1999 passed by Principal Bench, New Delhi of Central Administrative Tribunal (CAT) whereby OA No.495 of 1995 of the petitioner herein was dismissed.

(2.) THE petitioner was appointed as Labour Welfare Supervisor on 16.2.1965 in the Delhi Administration. On 21.02.1968, all the posts of Grade-I, II, III of different Departments of Delhi Administration were clubbed together and a new Cadre as Delhi Administration Subordinate Service (DASS) was formed and the petitioner was included in DASS Cadre as Grade-III (Executive). On 1.1.1970, the petitioner was promoted as Grade-II (Ex.) and on 1.1.1976 in Grade-I (Ex.). The next promotion avenue from DASS is Delhi Andaman Nicobar Islands Civil Services (DANICS). The appointing Authority of the Cadre DANICS is Ministry of Home Affairs, Government of India. In 1984, the petitioners name was included in the list for entry in DANICS and sent to Central Government for approval along with other eligible officers. However, the Lt. Governor, who is the administrative authority had included his name under DANICS appointing several officers including the petitioner herein against duty post of DANICS in the post of Assistant Registrar, Cooperative Societies on ad hoc and emergent basis for a period of six months or till further orders whichever was earlier. This was done vide his order dated 31.5.1995. Admittedly, this appointment was not terminated on the expiry of period of six months, but was allowed to continue. While working on the post as Assistant Registrar of Cooperative Societies, Delhi in the Department, the petitioner was appointed Administrator of one Group Housing Society. Later on, when he was posted as Sales Tax Officer, he handed over charge to a new Administrator on 6.2.1997 and while he was posted as Sales Tax Officer, he was charge-sheeted with regard to his acts as Administrator of the said Society on eight charges involving unauthorized utilization of funds, embezzlement of funds, obtaining forged and fabricated bills, misappropriation of funds, misuse of authority causing financial loss etc. Vide order dated 2.1.1991, he was placed under suspension. A departmental enquiry was conducted against him. The Inquiry Officer vide his report dated 28.2.1991 found three charges fully proved against the petitioner and one charge partly proved and three charges not proved against him. The petitioner submitted his representation against the enquiry report on 15.12.1991. Thereafter Lt. Governor vide his order dated 30.8.1993 imposed upon the petitioner penalty of removal from services. The petitioner filed an appeal before the President on 20.10.1993 which was rejected on 1.2.1996. Simultaneously, the petitioner approached the CAT vide OA No.1206/1994 which was, however, later on withdrawn by him with liberty granted to him to file fresh OA. Thereafter, he filed a fresh OA 495 of 1995 wherein the impugned order was passed by CAT. The said order has been assailed by the petitioner in the instant writ petition.

(3.) THE next limb of argument of the learned counsel for the petitioner is that the alleged acts of commission and omission on the part of the petitioner as Administrator of the Society were at best irregularities committed by him inadvertently and therefore do not amount to alleged misconduct. It was submitted that the petitioner was charge-sheeted on eight counts and out of which he has been exonerated fully on four counts and partly on one count. He submitted that the charges on which the petitioner has been exonerated by the Enquiry Officer were more serious than those in which he has been held guilty. He submitted that the charges on which he has been held guilty by the Enquiry Officer are of very trivial nature and have not been properly proved inasmuch as the petitioner being Administrator of the Managing Committee, was empowered to carry on day-to-day affairs of the society including withdrawing of the amount for the daily activities of the Society.