DELHI DEVELOPMENT AUTHORITY Vs. SHRI SUBHASH CHAND GARG

JUDGEMENT

(1.) THE petitioner has impugned the order dated 14th February, 2008 in T.A. No. 98/2007, Subhash Chand Garg v. Delhi Development Authority whereby the penalty imposed on the respondent was set aside, holding that there had not been proper enquiry and report and the findings of the Enquiry Officer were perverse and without any evidence.

(2.) THE petitioner has impugned the order of the Tribunal primarily on the ground that the Tribunal could not go into the correctness of the finding of facts and has thus exceeded its jurisdiction. It is asserted that while setting aside the penalty imposed on the respondent, the Tribunal has exceeded the scope of judicial review of administrative action. The petitioner has contended that the Tribunal could interfere only in case of any infirmity in the decision making process and could not have gone into the correctness of the allegations.

(3.) REFERRING to the inquiry proceedings, it is asserted that verification of tender documents showed that the tenders were issued on 7th march, 1990 to the Contractor against the closing of sale of tender on 5th March, 1990 and, therefore, the tenders were sold on 7th March, 1990 beyond the last date for sale of the tenders.