R C KAUSHAL Vs. DDA

JUDGEMENT

(1.) In these proceedings under Article 226 of the Constitution of India, three questions have been raised by the Petitioner, in respect of a disciplinary enquiry initiated into his conduct. During pendency of these proceedings, the Court had granted an interim order, restraining the order of removal.

(2.) The Petitioner, working as an Assistant Engineer with the DDA, was charge-sheeted, on 13th August, 1981 on allegations of misconduct. He had been earlier suspended, by order dated 23-5-1981. A joint enquiry was ordered and held. The other employees who faced departmental proceedings were S.C. Gupta, a Superintending Engineer, and Shri S.C. Jain, Assistant Engineer.

(3.) The inquiry officer submitted his report, inter alia, exonerating the Petitioner. Apparently, the DDA referred the matter to the Central Vigilance Commission (CVC) eliciting its comments. The CVC considered the entire issue, and returned the reference with its advice. The DDA, thereafter issued a "Disagreement memo" to the Petitioner, and also a show-cause notice, dated 6- 5-1987asking him to reply in respect of the proposed penalty. The disagreement memo, which is a part of the record in these writ proceedings, runs into eight pages, and discloses why, in the opinion of DDA, the findings of the enquiry officer, were unacceptable. The Petitioner engaged in correspondence with the DDA, seeking a copy of the report, before he could reply to the show cause notice and disagreement memo.