RAM DASS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) MA 3492/2011 seeking restoration of OA is allowed.

(2.) Applicant has challenged order dated 13.09.2010 whereby his appeal has been rejected, order dated 17.05.2010 whereby penalty has been imposed on him and charge sheet dated 13.03.2008.

(3.) It is submitted by the counsel for the applicant that vide memorandum dated 13.03.2008, following allegations were levelled against the applicant: Sh. Ram Dass was posted as Assistant (now Asstt. Director) in Co -operative Group Housing Society Section of DDA, INA, Vikas Sadan, New Delhi from October 1997 to May 2001. As Dealing Asstt., he dealt with the files of Co -operative Group Housing Societies of Delhi for allotment of land to these societies. He issued an offer -cum -allotment of land to these societies. He issued an offer -cum -allotment letter No.F.7(14)95/GH/DDA/764 dt. 31.3.95 to Maharani Avanti Bai CGHS Ltd. This letter was wrongly addressed to F -61, Laxmi Nagar, Delhi and as such returned undelivered. Thereafter, the letter was sent through Spl. Messenger, who also confirmed about the non -existence of the said address. In the meantime, society came into the hands of unauthorized persons who managed to submit forged and fictitious letters to DDA requesting therein for re -issue of the allotment letter. Sh. Ram Das dealt with these letters and put up a note which was in turn forwarded by Commissioner Housing to Chairman, who ordered for issue of the fresh offer -cum -allotment letter to the society. On the basis of forged and fictitious communication, fresh offer cum allotment letter dt. 21.9.98 was prepared by Sh. Ram Das after getting signed by Sh. Sanjeev Ahuja, Dy. Dir., the same was handed over to the unauthorized representative who forged the signatures of Sh. Bhupender Kumar. By his above act, Sh. Ram Das, Dealing Asstt. (now Asstt. Director) failed to maintain absolute integrity and as a result, the DDA allotted the land to the society having unauthorized members/officer bearers. Sh. Ram Das by these acts of omission and commission contravened the provisions of Regulation 4.1 (i), (ii) and (iii) of DDA Conduct, Disciplinary and Appeal Regulations, 1999. He denied those charges whereupon enquiry was held. Inquiry Officer gave his findings by observing as follows: Annex. I of Memo reveals that the period of posting of C.O. Shri Ram Dass was from October, 1997 to May, 2001 dealt with the files of Co -op. G.H. Society of Delhi for allotment of land as also accepted in his brief submitted by CO vide diary No.125 dt. 28.11.2008 in this office. Part of Annex. II i.e. statement of imputation of misconduct or misbehaviour in support of Article of charges framed against the CO that the C.O. issued an offer -cum -allotment letter No. F.7(14)95/GH/DDA/764 dt. 31.3.95 to Maharani Avanti Bai CGHS Ltd. Annex.II. This statement of imputation of misconduct or misbehaviour further states the above stated offr -cum -allotment letter was wrongly addressed to F -61, Laxmi Nagar, Delhi and as such returned undelivered. The same as is stated in Annex.II was sent through special messenger who also confirm about the non -existence of the said address. All the above events happened before the joining of the C.O. and as such this part of the imputation of misconduct or misbehaviour of charges framed against Shri Ram Dass does not hold good. And again, Regarding handing over of allotment -cum -offer letter, prosecution could not establish that the same was handed over to the unauthorized representative who forged the signature of Sh. Bhupinder Kumar through the exhibit D -4 where the duties of each official has been mentioned. However, on the basis of exhibit D -5 dated 10.10.2000, the charges were finally held to be partly proved.