LOOMBA Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) The petitioner was working as Meter Reader with the Delhi Electric Supply Undertaking, New Delhi when he was served with a Memorandum No. BC-250/76-Vig /11 H.P.M. dated 28th August, 1976 issued by the Deputy General Manager of respondent No. 2 alongwith the statement of charges alleging negligence and dereliction of duty on the part of the petitioner. The petitioner was asked to give his explanation which he did and thereafter respondent No. 2 appointed an Inquiry Officer to inquire into the said charge-sheet. For some reason the Inquiry could not be completed, however, respondent No. 2 on 19th August, 1977 issued a show cause notice why the proposed penalty of recovery of Rs. 39,614.63 may not be made against the petitioner. The petitioner filed a representation and reply to the show cause notice and contended that since the inquiry was not completed and the Inquiry Officer had not given a report, the proposed penalty cannot be imposed against him. Respondent No. 2 on 27th August, 1977 passed the order imposing a penalty of recovery of Rs. 39,614.63 from the petitioner. These two orders dated 19th August, 1977 and 27th August, 1977 have been challenged by the petitioner in this writ petition.

(2.) It was contended by the learned counsel for the petitioner that the matter regarding the theft of certain material came in for investigation as early as in the year 1968. A report was made on 28th February, 1970 that the theft was untraced, and no action was taken for almost six years thereafter and it was only in the year 1976 that the charges were served on the petitioner. It was further contended that once having initiated an inquiry the action taken by the respondent imposing the penalty even before the Inquiry Report was available, was had and illegal.

(3.) Learned counsel for the respondent submitted that since only a penalty of recovery of amount was made, and no major penalty was imposed, it was not necessary to hold an inquiry and the impugned orders could be passed even before the Inquiry Report was available.