ANIL RAJPUT Vs. DELHI DEVLOPMENT AUTHORITY

JUDGEMENT

(1.) - The petitioner, in these proceedings, impugns a charge-sheet dated 24.7.1998 issued by the respondent, Delhi Development Authority (hereafter DDA). The charge-sheet pertains to an agreement for procurement of cast iron spigot from M/s. Indu Engineering Textiles Ltd. in 1981-82, by contract No. 7/EE/HD.III/81-82. The allegations levelled were about the inclusion of certain stipulations in the contract, which eventually led to a demand for arbitration. The contractor's claims were adjudicated, and an award was made against DDA on 16.5.1985.

(2.) The DDA issued the impugned charge-sheet, proposing disciplinary action against the petitioner, on 24th July, 1998. The allegation was that the stipulations were drafted in a manner favourable to the contractor, who ultimately succeeded in arbitration proceedings. The petitioner was working as a Upper Division Clerk. The contract was ultimately finalized by senior officers.

(3.) The petitioner's principal ground of challenge to the disciplinary proceedings is that it is vitiated on account of inordinate delay. It is averred that the agreement/supplies in question was performed/completed some time in 1982. The claim was made by the contractor soon thereafter, and the award of the arbitrator was announced in 1985. Therefore, issuance of a charge-sheet for some alleged negligence or omission which took place in 1981, after a lapse of about 17 years, and 13 years after the award of arbitrator, has been questioned as arbitrary.