MCD Vs. MAMAN CHAND

JUDGEMENT

(1.) The present writ petition exhibits an unwarranted zeal on the part of the Municipal Corporation of Delhi to punish an employee for alleged misdemeanors which are not even provided under its rules. There is no dispute to the factual matrix and to the extent necessary is noticed hereafter.

(2.) Shri Maman Chand, respondent herein was appointed as a safai karamchari in the pay scale of 196-232 with allowances vide an appointment letter dated 3rd October, 1970. He was a permanent employee of the Municipal Corporation of Delhi. After he had put in 17 years of unblemished and uninterrupted service, he was served with a chargesheet dated 6th August, 1983 wherein the following charge was levelled against him :-

(3.) The respondent rebutted the charges levelled against him. The petitioner conducted a disciplinary inquiry against the respondent. The inquiry officer in his report dated 28th August, 1985 held that the charge against the respondent stood proved. Punishment of dismissal of service was imposed by the disciplinary authority. On an appeal preferred by the respondent, the Commissioner by the order dated 23rd October, 1987 and 28th October, 1987 converted the punishment of dismissal into stoppage of four increments with future effect and also ordered that the period from the date of dismissal to the date of reinstatement would be treated as dies non. The respondent assailed the punishment imposed on him by a demand notice dated 18th June, 1990. As the same did not result in any positive action, the workman filed a statemesnt of claim before the conciliation officer on 5th July, 1990. On failure of the conciliation, the appropriate government referred the matter for adjudication to the industrial adjudicator by an order of reference dated 2nd May, 1991 whereby the following dispute was referred for adjudication :- "Whether the punishment of stoppage of 4 increments with future effect to Sh. Maman Chand is illegal and or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect"