MANGAT RAM Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner was appointed as Junior Engineer in the Delhi Development Authority (in short DDA) in Oct., 1969. He was promoted to the rank of Assistant Engineer and subsequently in Nov., 1980 as Executive Engineer. He officiated as XEN DD-II (now N.D.7) till 3.2.83. He handed over the charge of the said Division DD-II to Shri M.C. Behl on 4.2.83. On 6.11.90 petitioner was served with the charge sheet pertaining to the construction of 480 LIG houses at Pocket 'N' (Poorvi) at Pitam Pura. It was alleged that on 14.2.81 Quality Control Cell of DDA inspected the site and found certain irregularities in the construction of those houses. The Technical Examiner of the GTE Organisation again examined the work and matter was referred to the Director Vigilance by the Chief T.E. for investigation on 30.11.83. Certain lapses and irregularities in the execution of work were alleged. Another charge-sheet was issued on 26.12.90 in respect of construction of 926 Janta Houses at Pocket 'B' (Poorvi) Pitam Pura. Third charge-sheet was issued on 25.6.93 regarding the development of the land Zone H-5 (Pt.) Pitampura SH Sewerage in Phase-11 (Balance Work). The allegation was that in the work which was carried out by the petitioner in 1982 83 some irregularities were found and that the work was found to be substandard on quality control inspection. Yet another charge-sheet was issued to the petitioner on 8.7.97 pertaining to the work done in 1980-83 relating to the development of land near Wazirpur Village for residential colony, Phase-III. Because of these charge sheets and pendency of the departmental proceedings, the Departmental Promotion Committee (in short DPC) which met in Nov. 1990, again in Sept. 1993 and Dec. 1993 respectively considered the case of the petitioner for promotion but kept the result in sealed cover. The charges levelled against him and depriving him of the promotion to the post of Superintending Engineer pertains to the period of 1980-83, The charge sheets regarding the alleged irregularities have been issued after almost ten years. The Inquiry Officers appointed in each of the case have not proceeded in any of the case till date thereby depriving the petitioner of his chances of promotion. Since charge sheets have been issued after a lapse of 7 to 10 years and the Inquiry Officer have not proceeded with the enquiry till date, hence charge sheets are liable to be quashed and he be promoted to the rank of S.E. which promotion was illegally deprived.

(2.) Respondent tried to explain away the delay by submitting that the first charge-sheet which was issued on 1st/6th Nov. 1990 could not have been issued earlier because the record relating to that work including the measurement books were not available. The measurement books were lying with one Mr. U.P. Sharma. He was under suspension and absconding. Police report was lodged against him. The record was partly received in April-May, 1986. Therefore the case was investigated and handed over to the S.E. for comments who gave same in Dec. 1987. The Vice Chairman after considering the entire case ordered major penalty proceedings and also referred the case to the Chief Vigilance Commission (in short CVC) for advice. The advice from CVC was received on 19.7.89. Accordingly charge-sheet was issued on 6.11.90. The I.O. was appointed in Oct., 1991. Since that I.O. was not available another I.O. was appointed in Nov. 1992 and was subsequently changed in July, 1993. The enquiry is pending.

(3.) As regards second charge-sheet the respondent tried to explain the delay by saying that the Vice Chairman noted a news item in Indian Express that some houses in Pitam Pura were inspected and the matter had been referred to me C.B.R.I, for advice. The said C.B.R.I. gave damaging report about the foundation of the walls. On reading that report, the Vice Chairman got the matter investigated through the Engineer Member, DDA. Thereafter one Shri K.K. Sood and Shri Joginder Singh alongwith others were placed under suspension on 9-7-84. The work was got inspected on 19.8.84. Measurements were taken on 22nd August, 1984 in the presence of C.E. (Quality Control). The C.E. (North Zone) found that the secured advance of Rs. 14.90 lakhs had been paid to the contractor and certain shortages were there in the material. Accordingly a memo was issued to the petitioner on 30.8.84. The S.E. submitted his detailed report in Nov. 1984 identifying the name and defaulting officers. Accordingly on 13.12.84 another memo was issued to the petitioner. He submitted his reply on 20.12.84. On the representation of the petitioner his suspension was revoked. He was reinstated on 15.1.85 alongwith others. The Vice Chairman after considering the details of the investigation ordered in Oct. 1987 to initiate major penalty proceedings against the petitioner. It was only then that the charge sheet dated 26.12.90 was issued.