R C GUPTA Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) The petitioner challenges an order dated 29.4.1999 passed by the Delhi Vidyut Board (DVB) disposing of the departmental appeal of the petitioner whereby the penalty awarded by the Disciplinary Authority, viz., "reduction to minimum of the time-scale for a period of five years" was modified to that of "reduction in his time-scale of pay by three stages for a period of three years with cumulative effect." It was further directed that during the period of reduction, the petitioner will not earn increments and after the expiry of the reduction period it would have the effect of postponing future increments. Background facts

(2.) The facts leading to the filing of the present writ petition are that the petitioner was first appointed as Inspector Grade II on 26.4.1963 in the DVB. On 5.1.1988 he transferred to the post of Assistant Engineer (Zone), Najafgarh. He was transferred to Assistant Engineer (District) on 10.6.1988. While on the said post, he was given additional charge of Assistant Engineer (PS - Power Supply) by a written order dated 3.10.1989 which reads thus:

(3.) On 14.4.1991, the Delhi Electric Supply Committee, a statutory body under the DMC Act, 1957, took a policy decision to increase the development charges at Rs.24/- per sq. yard effect from 11.4.1981. An Office Order implementing this change was signed by the Chief Engineer (Commercial) on 29.4.1991 stating that the revised charges would be effective from 11.4.1991. It is an admitted position that in the Commercial Section of the DVB at District Najafgarh, this order dated 26.4.1991 was received only on 17.5.1991.