SURESH CHANDERA SHARMA Vs. DELHI LIBRARY BOARD

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, Suresh Chandra Sharma, praying (1) for the issuance of a writ of certiorari quashing (i) certain inquiry proceedings conducted against him, (ii) the findings and the report of the inquiry Officer dated Mar. 6, 1968, and (iii) an order dated June 7, 1968, retiring the petitioner compulsorily from service under respondent No. 1, (2) for the issuance of a writ of mandamus directing the respondents to reinstate the petitioner in the post of Head of the Department/Branch Librarian with all the benifits, and (3) for the issuance of such other order or direction as may be considered just and necessary in the 'circumstances of the case. Respondent No. I is the Delhi Library Board, a society registered under the Societies Registration Act, No.XXI of 1860. Respondent No.2 is the Secretary, Ministry of Education, Government of India, New Delhi. In opposition to the writ petition, two counter affidavits ]have been filed, one by Shri A. C. Mehta, Secretary, Delhi Library Board, on behalf of respondent No. 1, and the other by Shri A. S. Talwar, Under Secretary, Ministry of Education, on behalf of responednt No.2.

(2.) The petitioner was employed on January 21, 1957, as a Librarian, Grade II, by the Library Board. With effect from February 15, 1963, he was appointed (Annexure R-4) as Head of the Department on a purely temporary basis till further notice and on a basic salary of Rs. 325.00 per month in the grade of Rs. 325-15-465-EB-20-575, and was posted as Head of the Lending and Referance Department. Later, he was appointed " by the Library Board as Head of the Department with effect from March 27, 1963, against a direct quota vacancy. Subsequently, he was confirmed as Head of Department on March 27, 1966 in the scale of Rs. 400-680. From April 1, 1965, he worked as Branch Librarian/Head of the Department at the East Patel Nagar Branch of the Delhi Public Library, and on April 16,1966, A the Director of the Library Board transferred the petitioner from the said Branch to the Social Education Department (located at the Central Library) with effect from April 20,1966 (vide Annexure R-5).

(3.) According, to the petitioner, the Central Library was located far away from the place of his residence, and therefore, he made ^ a representation on April 20,1966, against the said transfer order, but the Director became annoyed and asked the petitioner to desist from such representations, and threatened the petitioner with serious consequences if he makes such representations. On the other hand, according to respondent No. 1, on April 20, 1966, when the petitioner was to report to the Social Education Depart- c ment (Central Library) in accordance with the transfer order already issued, the petitioner, instead of complying with the order, sent a letter (Annexure R-6) couched in objectionable language imputing malafides to the management and demanding withdra- wal of the transfer order. According to respondent No. 1, one Shri O. P. Mittal was sent by the Director to take charge from the ^ ' petitioner, and when Shri Mittal went to the East Patel Nagar Branch at 7.45 P.M. on April 20, 1966, the peti- tioner refused to hand over the charge. Shri Mittal re- ported the same to the Director on April 21, 1966 (vide Anne- xure R-6). On April 22, 1966, an order (Annexure-B) signed by Shri D. R. Kalia, Secretary, Library Board, was issued placing the petitioner under suspension with immediate effect. Accord- E ing to respondent No. 1, the said order was issued by the Library Board. It was stated in the said order that as disciplinary pro- ceeding against the petitioner was contemplated, the petitioner was placed under suspension with immediate effect in exercise of the powers conferred by sub-rule I of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, p 1965.