BHAGWAT PRASAD JOSHI Vs. STATE OF DELHI

JUDGEMENT

(1.) Rule 33 of the Conduct, Discipline and Appeal Rules 1985, of the respondents reads as under: -

(2.) It is, therefore, apparent that only under three contingencies can the procedure for imposition of penalty contained in Rules 28 to 30 be dispensed with. The three contingencies are :- (a) Conviction on a criminal charge, (b) satisfaction of the disciplinary authority that it is not reasonably practicable to hold an enquiry in the manner provided by the rules, and (c) satisfaction of the disciplinary authority that in the interest and security of the Corporation or the State it is not expedient to hold the enquiry.

(3.) Petitioner was inflicted the penalty of dismissal by invoking Rule 33. The order of dismissed reads as under: - "WHEARAS Sh. B.P. Joshi, AG-III, E.C. 1166 posted at R.O.L. Seelampur, came to the Corporation's Head Quarters at. 7-9, Aram Bagh, Pahar Ganj, New Delhi at about 4.00 PM on 2nd March, 2000 and forcefully entered in the chamber of Chairperson on the 3rd floor of the office building in a totally drunken state in the presence of her personal staff and the undersigned. He started shouting and uttering filthy language and making threatening gestures to the Chairperson and continued to do so for several minutes. He did not listen to the personal staff of the Chairperson to stop doing so. It was only after forceful physical pushing that Shri B.P. Joshi, AG-III could be taken out from the chamber of the Chairperson. He also tried to forcibly re-enter her room but was stopped from doing so by the staff members and other officers who had meanwhile gathered near the Chairperson's office. WHERE a telephonic complaint was immediately made with the police (PCR). The police personnel arrived and they took Shri B.P. Joshi into their custody and removed him from the Corporation's premises. A written complaint was also lodged with P.S. Pahar Ganj enclosing a list of witnesses to the incident. Shri B.P. Joshi, AG-III was placed under suspension vide order No. Vig.10(10)/ 2000-DSCSC/1354 dated 2.3.2000. WHEREAS the records obtained from the P.S. Paharganj, reveal that Shri Joshi was got medically examined and the report confirmed that he was under influence of alcohol. A Kalandra under Section 107/151 Cr.P.C. was registered against him stating the sequence of event, the misconduct of the accused, i.e. Sh.B.P. Joshi was under the influence of liquor and was uttering filthy languages - abusing and threatening to kill. He was produced before the Special Executive Magistrate on 7.3.2000 where be pleaded guilty. AND, WHEREAS the above acts of Shri B.P. Joshi, AG-III is not only serious misconduct but also criminal. Pleading guilty before the court is clearly admission of the charge. He is threat to safety and security of the employees of the Corporation. He deserves maximum punishment. AND FURTHER WHEREAS taking into consideration facts and circumstances of the case, I am of the view that it is a fit case where punishment of dismissal from services would be most appropriate. NOW, THEREFORE, I, R.L. Srivastava being the disciplinary authority in exercise of the powers conferred under Rule 33 of the Conduct, Discipline and Appeal Rules 1985 of the Corporation hereby impose a penalty of 'DISMISSAL' on Sh. B.P, Joshi, AG-III with immediate effect."