MAHINDER KUMAR GUPTA Vs. MCD

JUDGEMENT

(1.) ISSUE Rule. With consent of counsel for parties, the matter was heard for final disposal.

(2.) THE facts in this case are not in dispute. The petitioner was at the relevant time working as U.D.C./Cashier with the respondent Municipal Corporation of Delhi. An FIR (First Information Report) was registered on 1.8.1999. It is alleged that on 17.1.2002, the Central Bureau of Investigation started investigation under Section 120 -B read with Section 420 of the Indian Penal Code and provisions of the Prevention of Corruption Act, 1988. The petitioner in the meanwhile was placed under suspension on 2.8.1999.

(3.) THE order terminating the petitioner from services re -cited that cheques to the tune of Rs. 47,47,000/ - were collected by him and that he had admitted or confessed his mistake and even volunteered to deposit the amount. It was claimed that internal enquiry had been made and an investigation report had been conducted by the Deputy Commissioner which was considered by the Commissioner. The relevant part of the order reads as follows: The investigation report dated 12.12.2003 submitted by Dy. Commissioner (Police)/A.C. Branch, Govt. of NCT of Delhi in the said matter has now been placed before me. Having perused the said report, it is revealed that Shri Mahinder Kumar Gupta, UDC has committed fraud/forgery on various occasions by adopting illegal/fraudulent means and indulged in continued misappropriation of the huge municipal funds for his personal gain by operating unauthorised, fraudulent bank accounts, opened by him in various banks. It has been noticed that he raised a number of inflated/bogus payments for making advanced payment to Indian Oil Corporation and managed to divert the municipal money into his private accounts. It also revealed from the investigation report that at times he had forged the signatures of his higher officers for operating the joint bank accounts opened by him unauthorisedly. The material record placed before me thus establish a prima facie serious misconduct on the part of Shri Mahinder Kumar Gupta, UDC which is grossly unbecoming of a municipal employee. By adopting different modus operandi, he managed to siphon off around Rs. 5.50 crores into two illegal bank accounts operated fraudulently in the name of Dy. Mpl. Commissioner/C.I. Zone. Out of the above amount so siphoned off, Rs. 3.96 crores was deposited by him into the municipal account after admitting the fraud. The entire episode has reflected the glaring fact that he sabotaged the entire system including the Accounts Department and he allegedly had huge amount of ill -gotten money with him. In this case, Shri Mahinder Kumar Gupta, UDC by not maintaining the integrity, has not only failed to discharge his duties as a Govt. servant but also betrayed the faith and the confidence reposed in him by the senior officers. This act of Shri Mahinder Kumar Gupta was nothing short of treachery and is most reprehensible. By adopting such dishonest and illegal methods, he has tarnished the image of the municipal employees in the eyes of public and is, therefore, not worthy to be retained in the municipal service any more. The mere fact that it would be possible to go through the motions of conducting an inquiry, appointing an Inquiry officer and calling the witnesses etc. is not sufficient to be able to say that it is reasonably practicable to hold an inquiry. But it is necessary to consider the actual likelihood of successfully conducting an impartial inquiry keeping in view the prevailing circumstances of the case. So long as an official of such nature, even under suspension, he is able to exert influence through his colleagues, benefiting from a misguided loyality among them and may adopt dilating tactics to hamper smooth conduct of departmental inquiry proceedings. The facts and circumstances of the case are such that it would not be reasonable practicable to hold the departmental inquiry against Shir Mahinder Kumar Gupta, UDC by adhering to the procedure prescribed in the DMC Services (Control and Appeal) Regulations, 1959 and by invoking the provisions of Section 95(2)(b) of the DMC Act read with Regulation 9 (ii) of the DMC Services (Control and Appeal) Regulations, 1959, vis -a -vis under the provisions of Article 311(2) of Constitution of India; the charged official Shri Mahinder Kumar Gupta, UDC, office of Executive Engineer, Mubarak Bagh Auto Workshop, Delhi is hereby dismissed from service which shall ordinarily be a disqualification for future employment.