DELHI DEVELOPMENT AUTHORITY Vs. C.D. SHARMA

JUDGEMENT

(1.) IT is not in dispute that on the allegations that the respondent herein, while working as Junior Engineer (Civil) in Construction Division - I during the period 1.3.1985 to 20.12.1995, failed to get the defective work rectified, charge sheet was issued only on 6.1.2004, i.e. after almost 17 years from the date of the alleged lapse committed by the respondent. The Inquiry Officer was appointed 21/2 years thereafter, i.e. on 7.7.2006. On the appointment of Inquiry Officer, the respondent approached this Court and filed the writ petition, in which show -cause notice was issued. However, in the meantime, Notification under Section 14 of the Administrative Tribunal Act was passed covering DDA under the jurisdiction of the Central Administrative Tribunal (CAT) and, therefore, the said writ petition was transferred to the Principal Bench of CAT, New Delhi.

(2.) VIDE its impugned judgment dated 15.5.2008, the Tribunal has allowed the petition of the respondent herein on the ground of delay of 17 years in serving the charge sheet. It is opined by the learned Tribunal that the delay has not been properly explained and, therefore, in view of the judgment of the Supreme Court in State of M.P. v. Bani Singh, AIR 1990 SC 1309 as well as of this Court in R.P. Panda v. DDA and Anr. : 2004 (73) DRJ 23, this would amount to violation of principles of natural justice and it would not be possible for the respondent to defend the charge effectively after a gap of 17 years.

(3.) THE chronological sequence of events starting from the date of inspection upto the issue of charge sheet dated 02.05.2006 are as under.