S S GUPTA Vs. D V B

JUDGEMENT

(1.) Consequent upon a departmental Inquiry, penalty of reduction to the lowest stage in the time scale of pay for a period of three years with further stipulation that he will not earn any increment of pay during the period of reduction was imposed upon petitioner vide order of 4th May, 1999 (Annexure-P-6), which is assailed in this petition. Learned counsel for petitioner submitted that petitioner who was employed as an Inspector (Special Cell) with respondent and was accompanied by senior officer i.e. Superintendent for conducting a routine surprise inspection at I-63 and I- 85, Jahangir Puri, Delhi on 1st December, 1989.

(2.) Upon inspection of the aforesaid premises, petitioner submitted a report on 1st December, 1989 that the connected load in the above-said premises was 9 HP each and the senior officer i.e. A.E. (Special Cell) of the respondent, while acting upon petitioner's report, had imposed the requisite penalties.

(3.) Learned counsel for petitioner submitted that after a period of 91/2 months, a raid was conducted at the aforesaid premises on a complaint and in the inspection report submitted by the raiding party, it was found that the connected load to the aforesaid premises was 28 HP and 63 HP respectively. While acting upon the Inspection Report of the raiding party, disciplinary proceedings were initiated against petitioner and his immediate officer i.e. Superintendent concerned and during Inquiry, two articles of charge were framed, which are as under:-