M P YADAV Vs. NCT OF DELHI

JUDGEMENT

(1.) THE petitioner has sought quashing of inquiry proceedings initiated under Rule 14 of Central Civil Services (Classification, Control and Appeal)Rule, 1965 and a direction to respondent Nos. 4, 6 and 8 to relieve the petitioner on two years lien so as to enable him to join the post of lecturer in the Department of English at Laxmibai College and to compensate the petitioner in the form of damages for denial of better prospect and for loss of higher remuneration due to inaction on the part of the authorities in regard to the false and frivolous complaint dated 5th September, 2005.

(2.) THE petitioner is a Teacher who alleged that he has been victimized by the school. The allegation of the petitioner is that an inquiry was conducted on 22nd December, 2005 based on the counter complaint dated 5th September, 2005 without framing any charges against him and without filing a charge sheet. The petitioner contends that he was not intimated about the said inquiry and, therefore, he was not given an opportunity to defend himself and he was not aware of the said inquiry and his statement was not recorded. The contention of the petitioner is that the investigation officer had filed a report. And that the Deputy Director, Education (North East Zone) therefore, issued a show cause notice dated 7th February, 2006 which was served on the petitioner when he came to know that a counter complaint had been filed against him. A memo was sent to the petitioner on 15th February, 2006 seeking his reply on the charges leveled against him and the charge sheet was filed five months thereafter.

(3.) THE petitioner's assertion is that he replied to the show cause notice dated 7th February, 2005 and a memo was received by him on 15th February, 2006 whereby the Deputy Director was made aware of the discrepancies in the way the investigation was conducted and that as per vigilance rules the maximum period of three to six months is provided to complete the entire disciplinary proceedings.