D K GUPTA Vs. MCD

JUDGEMENT

(1.) THE petitioner has challenged the decision of disciplinary and appellate authority imposing the punishment of reduction of pay in time scale by three stages for a period of three years with cumulative effect.

(2.) THE petitioner is a Junior Engineer and a charge sheet was issued to the petitioner contending that he did not take any effective step/action to stop and demolish the unauthorized construction carried out in property No. A-8, Hardev puri, Main 100? Road, Shahdara (N) Zone and helped the owner/builder to complete the under-construction consisting of one hall and staircase and loft at ground floor, 4 rooms, one kitchen, under-construction at first floor, 3 rooms, 2 kitchens, one under-construction at second floor and one room, one store, one under-construction and staircase at third floor in the said property. Another charge against the petitioner was not taking demolition action against under section 343/344 of the DMC Act and for not initiating sealing action under section 345-A and failure to prosecute owner/builder under section 332/466-A of the DMC Act in respect of the said property.

(3.) THE charge sheet was duly communicated to the petitioner and the inquiry was conducted against the respondent. The inquiry officer gave a report holding that all the charges against the petitioner were made out and consequently the disciplinary authority imposed a punishment of reduction of pay in time scale by three stages for a period of three years with cumulative effect. The appeal filed by the petitioner before the Appellate Authority was also dismissed and the order of disciplinary authority dated 9th May, 2007 was upheld in the appeal by order dated 12th December, 2007 upholding the penalty imposed of reduction of pay in time scale by three stages for a period of three years with cumulative effect.