KAMLESH PRASAD Vs. DISTRICT & SESSION JUDGE, DELHI

JUDGEMENT

(1.) The petitioner has approached this Court assailing the order dtd. 20/2/2006 vide which he has been dismissed from service after rendering about 20 years of service with the respondents. The petitioner also assails the consequential order dtd. 10/8/2009 vide which his service appeal has been rejected as also the order dtd. 15/3/2013 rejecting his mercy petition.

(2.) The petitioner was appointed as a Peon in the year 1986 with the respondents. On 21/9/2004, while the petitioner was discharging his duties as peon in the Court of the learned MACT, Karkardooma Courts, a complaint against him was made by Shri Shiv Raj Bhat, Civil Nazir attached with the said Court alleging therein that the petitioner had abused and threatened him. It was further alleged that even in the past, the petitioner had been misbehaving with him and other staff members attached with the Court.

(3.) Based on this complaint, a preliminary inquiry was held which was followed by a departmental inquiry against the petitioner under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. During the inquiry, two witnesses including the complainant were examined by the respondent. The petitioner, however, neither led any evidence nor cross-examined the witnesses examined by the respondent and simply stated that the charge levelled against him was vague as the same did not contain any particulars of the time and place of the incident and was solely based on a false complaint made by Shri Shiv Raj Bhat on account of his past differences with the petitioner when they were earlier posted together.