O. P. GAUD Vs. DELHI JAL BOARD

JUDGEMENT

(1.) Writ Petition under Article 226 read with Article 227 of the Constitution of India has been preferred on behalf of the petitioner with the following prayers:

(2.) In brief, as per the case of the petitioner, he was appointed as Junior Engineer (JE) in the year 1991 with the respondent-Delhi Jal Board (DJB) and subsequently selected as Assistant Engineer (AE) in DJB through direct recruitment in the year 1999. Further, he was entrusted with the charge of Executive Engineer (Civil) in February, 2006. A charge memo was issued to the petitioner alleging unauthorized absence from duty w.e.f. 17/8/2012 to 5/9/2013. The charge memo was duly replied by the petitioner vide letter/reply dtd. 18/9/2013 along with copies of medical-cum-fitness certificate for availing the leave during 17/8/2012 to 5/9/2013.

(3.) Shri Hozer Lollen, the then Disciplinary Authority/Member(A) by exercising powers conferred on him under Rule 14(2), (4) and (5a) of CCS(CCA) Rules, 1965 read with Govt, of India's decision Para 1(a) and (b) of Govt, of India, MHA OM No. 11012/2/79-Estt.(A) dtd. 12/3/1981 and OM No. 11012/8/82-Estt.(A) dated the 8/12/1982, exonerated the petitioner from all the charges considering the written statement of defence vide noting dtd. 31/10/1993 recorded in the office file. However, despite an application filed by the petitioner for exoneration on 10/3/2014, departmental proceedings were initiated against him.