H.P. GUPTA Vs. DELHI ADMINISTRATION AND ORS.

JUDGEMENT

(1.) H.P.Gupta the appellant herein while employed in the Vivekananda Mahila College, Vivek Vihar Delhi (in short the College) affiliated to the University of Delhi was charge-sheeted with the following Articles of charge:

(2.) The enquiry officer appointed by the Governing Body of the College after conducting an enquiry held the first three charges to be proved and charge No.4 to be partially proved. The disciplinary authority served H.P. Gupta with a show cause notice proposing penalty of dismissal from service. The disciplinary authority awarded termination of service with immediate effect under Rule 67(vi) read with Rule 74(4)(ii) of the University NonTeaching Employees (Term and Condition of Service) Rules, 1971 (in short the Rules).

(3.) Aggrieved by the termination of service H.P.Gupta filed an appeal before the appellate authority which converted the penalty of termination of service to that of compulsory retirement with effect from the date of termination i.e. March 20, 1985 for the reason that the appellate authority found that Article No.1 and Article No.2 of the charge-sheet were not proved, only Article No.3 was proved and Article No.4 was partially proved observing negligence. H.P.Gupta challenged the order of compulsory retirement by way of a writ petition being W.P.(C) No.2551/1991 which was dismissed vide the impugned order dated July 16, 2009, hence the present appeal.