RAMESH CHAND JAIN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has filed the present writ petition for issuance of appropriate writ to quash the order dated 16.4.1991 and the order dated 5.9.1991. Petitioner, who was working as Junior Engineer with the respondent-Department, was transferred to the Housing Division No. 1V in January'1983. In August'1983 the petitioner was directed to take charge of construction of 237 MIG Dwelling Units in Pocket KG-1, Vikaspuri, New Delhi from one A K Chopra, Junior Engineer, who was at the relevant time in-charge of construction work.

(2.) It is the case of petitioner that the order transferring Mr.A K Chopra was issued by the Superintending Engineer in August'1983 and forwarded to one Radakrishan, Assistant Engineer directing the petitioner to take over charge from A.K. Chopra. Said Radakrishan endorsed the said order only on 26.8.1983. It is contended before me by Mr.Ambrish Kumar, learned counsel appearing for the petitioner, that the petitioner was on sanctioned leave on 26.8.1983 and he did not attend the office on 27.8.1983 as well as on 28.8.1983. two days, i.e.27.8.1983 & 28.8.1983, being Saturday and Sunday were holidays in the respondent-Department. The order of handing/taking over the charge was communicated to the petitioner only on 29.8.1983. The case of the petitioner is that he took over charge on 29.8.1983 subject to verification. The charge against petitioner was as follows |-

(3.) On the basis of aforesaid charge framed against the petitioner, the impugned order dated 16.4.1991 was passed imposing a penalty of compulsory retirement from the service as well as recovery of Rs.32,000/= from the petitioner.