J R GUPTA Vs. DELHI DEVLOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner in these proceedings under Article 226 of the Constitution claims for the quashing of orders dated 26.11.2001, 1.3.2002 and 11.7.2003 issued in respect of his employment with respondents (hereafter called "the DDA").

(2.) The petitioner was, at the relevant time, working as an Accounts Officer in the Engineering Department of the DDA. A file was put up to him on 6.6.1984 for scrutiny in respect of payment of the decreed amount as per orders of this Court. The decree and order of this Court required payment to be made by 17.6.1984. The petitioner submitted a note on 13.6.1984 recommending a challenge to the decree and marked the me to Chief Accounts Officer; the later official endorsed the petitioner's view, which was also affirmed by the Finance Member, who marked the file to Chief Legal Advisor. The Chief Legal Advisor was of the opinion that the scope of challenging the order was limited; he therefore marked the file back to the Finance Member. On 15.6.1984, the Finance Member, recorded that in view of the opinion, the order may be accepted. He also desired that the file may be shown to the Vice-Chairman or returned. Thereafter, the Vice-Chairman signed the file and the matter was marked by the Chief Accounts Officer to the petitioner; on 27.6.1984, payment was released to the concerned party.

(3.) Between 1984-1992, on the basis of some complaints, a police investigation was carried out on the allegation that the petitioner had tampered with the file. Nothing appears to have happened, and thereafter on 26.2.1992, DDA issued a charge-sheet. The relevant part of the charge-sheet reads as follows: "Statement of charges framed against Sh. J.R. Gupta, former A.O. (Works) DDA. That Sh. J.R. Gupta, while working as A.O. (Works) during 1984 committed the following irregularities in the arbitration award for the work of development of land along G.T. Karnal Road for industries, New Fruit and Vegetable Market at Azadpur SH. Sewerage. 1. That Sh. J.R. Gupta, A.O.(W) tampered the records and affixed the signature of V-C in file No. PA (AOW-I) Arbn. DDII/RKG/1984-85 by fraudulent means and made the award approved by V-C to release the payment of award. 2. That Sh. J.R. Gupta, AO (W) conveyed to EO to EM vide his note dated 15.6.84 in file No. 54 (332)/74-75/DDII/DDA/Vol. VII that the award has been accepted by F.M., thus, the payment was released without approval of the competent authority. Thus, Sh. J.R. Gupta, A.O. (W) exhibited lack of devotion to duty, failed to maintain absolute integrity and acted in the manner unbecoming of an authority servant thereby violating Rules 3(2)(i), (ii), (iii) of C.C.S. (Conduct) Rules, 1964 as made applicable to the employees of the authority.