ANIL TYAGI Vs. LT GOVERNOR

JUDGEMENT

(1.) THE petitioner impugns the order dated 25th July, 2007 of the lieutenant Governor in the appeal filed by the petitioner against the penalty of stoppage of two increments without cumulative effect imposed upon him by the commissioner MCD by order dated 20th September, 2006.

(2.) IN the appeal, the Lieutenant Governor had modified the order dated 20th September, 2006 and reduced it to the Censure without affecting his future prospects of promotion. The petitioner has challenged the same again on the ground that the petitioner was not posted in the concerned Division when the work was awarded and the same was completed by the Contractor and because after the expiry of stipulated period, the legal notice which was served by the contractor was not in compliance of clause 25 of the agreement.

(3.) BY order dated 5th April, 2005, learned single Judge in an Arbitration petition No. 67 of 2006 had directed the respondent no. 2/corporation to file an affidavit under the signatures of the Commissioner, MCD, setting out the reason why the admitted amount had not been remitted to the contractor and who was the officer responsible for it. The Commissioner, MCD, was also directed to conduct an inquiry and pay the amount to the Contractor along with interest and liberty was granted to recover the interest amount from the delinquent officer for detaining the admitted amount to the Contractor.