DELHI DEVELOPMENT AUTHORITY Vs. SUBHASH CHAND

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking to challenge the order dated 28.2.2008 passed by Central Administrative Tribunal (hereinafter referred to as ,,the Tribunal) in TA No.135/2007 whereby the T.A. filed by the petitioner was allowed by the Tribunal.

(2.) The necessary facts to be noticed for disposal of the present petition are that the petitioner had published an advertisement in the Employment Newspaper on 15.6.1985 thereby inviting applications from eligible candidates for appointment as Junior Engineer. The requisite eligibility, as per the advertisement, was either a degree in Civil Engineering or a Diploma in Civil Engineering with two years experience after attaining the Diploma. Pursuant to the said advertisement, the respondent submitted his application on 24.6.1985. Along with the application for the said post, the petitioner, inter alia, submitted a photocopy of a Certificate dated 19.10.1983 showing his experience with effect from 1.11.1982 to 19.10.1983 as Work Assistant with DDA on casual basis under the purported signatures of one Mr.S.R. Solanki, Executive Engineer, DDA. The respondent also submitted a photocopy of another Certificate dated 24.6.1985 showing experience w.e.f. 22.9.1983 to 24.6.1985 with U.P. Jal Nigam. The respondent being successful joined the petitioner on 17.4.1986 as a Junior Engineer (Civil).

(3.) On 30.6.1983, the Personal Department of the petitioner, during scrutiny of documents submitted by the respondent, noticed that there was overlapping of periods as mentioned in the two certificates issued by the two different authorities i.e. DDA and U.P Jal Nigam to the respondent. The overlapping period was w.e.f. 22.9.1983 to 19.10.1993. Thus, an enquiry was made from the concerned Assistant Engineer, Mr. R.S. Solanki, who had purportedly signed the Certificate on behalf of the DDA, as to whether the said certificate bearing his signatures was a genuine certificate or not. Mr. R.S.Solanki denied his signatures on the said certificate. Resultantly the respondent was asked to produce the original certificate on 30.1.1987, however, he did not produce the original certificate on the ground that it has been misplaced, instead he enclosed another certificate dated 27.5.1986 from Sh.R.S. Solanki showing his experience with DDA between 1.11.1982 to 17.9.1983. On account of the aforestated circumstances, the case of the respondent was referred to the Vigilance Department of the petitioner for investigation. Pursuant to the investigation conducted, the respondent was charge sheeted and he was issued a charge sheet on 6.12.1984, the relevant portion of which reads as under: