HARI RAM TIWARI Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) The present appeal has been filed against judgment dtd. 9/10/2020 passed by the learned Single Judge in W.P. (C) 12808/2019, whereby the learned Single Judge has held that the inquiry against appellant was conducted in a fair and transparent manner, in accordance with the Principles of Natural Justice. Thus, the punishment of compulsory retirement pursuant to the inquiry, imposed upon appellant vide order dtd. 16/12/2008 was upheld.

(2.) Facts in brief are that appellant was appointed as Allopathic Pharmacist with respondent - New Delhi Municipal Council (NDMC) on 8/4/1976. He was seen by the police patrol participating in an election campaign for his wife, Mrs. Raj Laxmi, a candidate of Ward no. 97, Kirti Nagar from the political party 'All India Forward Block'. Since the said election rally was being held without any permission, the police tried to stop appellant and other persons present there. As they did not heed to the advice of the police, a Daily Diary Entry (DD Entry), was made on 3/4/2007 by Mr. Satish Singh, Sub-Inspector (SI), P.S. Moti Nagar, who was part of the police patrol party, to this effect. Pursuant to the DD Entry, photographs of appellant were taken by the police making a speech at his wife's campaign.

(3.) An intimation letter was sent by SI Satish Singh on 6/4/2007 to the Secretary of respondent requesting that disciplinary action be taken against appellant. By way of the said letter, respondent was informed that appellant was addressing a public meeting by wearing a party logo on his clothes and was actively participating in the electioneering process.