(1.) This writ petition is directed against the orders dated 13.08.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, whereby OA No. 3139/2009 filed by the respondent, was allowed. The facts giving rise to the filing of this writ petition can be summarized as under:
(2.) The Tribunal, while allowing the OA, inter alia observed and held as under:-
(3.) A perusal of the Schedule to Regulation 15 of Delhi Development Authority (Salaries, Allowances & condition of Service) Regulation 1961, as amended vide Notification dated 01.03.1994, would show that Vice-Chairman, DDA was competent to impose penalty on an employee holding a Group-A post carrying a pay or scale of pay, the maximum of which was less than Rs 6700/-, but not less than Rs 4000/- except those who were appointed by the Government of India. It is not in dispute that on 08.12.1998, when the first order removing the respondent from service was passed, the respondent was not carrying a pay nor was he placed in a scale of pay having maximum pay of Rs 6700/- or more. Therefore, it is not disputed before us that Vice-Chairman, DDA was competent to impose penalty of removal of service upon the respondent. Thus, it cannot be said that the order passed by Vice-Chairman, DDA on 16.02.2009 was not passed by a Competent Authority.