SHAMBHU NATH Vs. LT GOVERNOR DELHI

JUDGEMENT

(1.) The enquiry report by the Enquiry Officer (Water) (Annexure'B') along with the impugned order of punishment dated 14.5.1985 (Annexure 'E') and the order of the appellate authority dated 5.11.1985 (Annexure 'G') and the final order dated 29.6.1992 (Annexure 'K') are prayed to be quashed invoking the jurisdiction under Article 226 of the Constitution of India.

(2.) It is suggested that the petitioner while working as Chowkidar in the office of Executive Engineer (S&P) Jhandewalan during the year 1975 to 1983 allegedly committed acts of omission and commission of misconduct, with the result, he was served with the charge sheet(Annexure 'A') on 29.10.1983; that after conducting the departmental enquiry, the petitioner was found to have contravened Rules 3(a), 18(1)(a) and 18(1)(i) of the Delhi Water Supply and Sewage Disposal Undertaking Service (Conduct) Rules, 1970 and was found liable to be dealt with under Section 95 of the D.M.C. Act, 1957; that after completion of the things required, the petitioner was visited with the penalty of removal from service by service of the office order dated 14.5.1985; that the petitioner unsuccessfully appealed to the Commissioner of Municipal Corporation and that his representation for re-entry into service came to be rejected on 11.10.1989 .

(3.) The arguments advanced by the learned counsel for the respondents is that the petitioner is not entitled to the relief since the petition suffer from latches and delay inasmuch as the present petition has been filed in July, 1993, whereas the petitioner's service came to be terminated by order dated 14.5.1985 by the Duputy Director of Vigilance (Annexure 'E'). Even the petitioner's appeal to the Lt.Governor of Delhi came to be dismissed on 5.11.1985 and thereafter the present writ petition came to be filed on 8.7.1993 i.e. after 8 years, 1 month and 23 days.