VIJAY KUMAR Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) On 27.7.2001 in respect of STA Challan No. 192681 relating to vehicle No. DL 1RE 8907, one Shri Ashok Kumar lodged a complaint to the effect that he was an employee of one Shri Prem Kumar and on 24.5.2001 he had gone to the Court of Special Metropolitan Magistrate to attend the hearing. There he met an advocate who promised to help him and who took him to an official, whose name he learnt was Shri Umesh Chander Vashisht, Ahlmad of the Court. The lawyer spoke to Shri Umesh Chander Vashisht and thereafter he took Rs.1,000/- from him, out of which Rs.800/- were given to the Ahlmad Shri Umesh Chander Vashisht. After receiving this money, the Ahlmad handed over to him the impounded original documents pertaining to the vehicle. No receipt was issued to him. In this complaint, Shri Ashok Kumar also averred that in the absence of any receipt his employer was threatening him to deduct this amount from his salary.

(2.) After receipt of the said complaint, a fact finding inquiry was conducted by Ms. Sangeeta Dhingra Sehgal, the then Addl. Chief Metropolitan Magistrate, who found out a prima facie case against Shri Umesh Chander Vashisht as well as the petitioner herein who was working as Reader in the said court. Based on the said fact finding inquiry report, a charge sheet was issued to both the persons and a common inquiry was held, for which Shri V.K. Maheswari, Addl. District Judge, was appointed as the Investigating Officer. After holding the inquiry, the learned IO returned the finding to the effect that charges against both the petitioner as well as Shri Umesh Chander Vashisht stood proved. The learned District Judge accepted those findings and inflicted the penalty of dismissal from service upon the petitioner as well as Shri Umesh Chander Vashisht vide orders dated 27.1.2006. Against this order of the disciplinary authority, i.e. the District and Sessions Judge, the petitioner preferred statutory appeal to the Chief Justice of this Court on administrative side. As per the Rules, this was marked to a Judge of this Court. The Appellate Authority heard the appeal by giving personal hearing to the petitioner and vide his detailed order dated 29.9.2007, the appeal of the petitioner was dismissed.

(3.) Perusal of the order of the Appellate Authority, which runs into 9 pages, shows that each and every ground taken by the petitioner has been duly considered and dealt with. The Appellate Authority has, after recording the substance of allegation and the charges proved against the petitioner, also discussed the admitted evidence which has come on record. We may summarise the same as under :-