C.T. ABDUL SATTAR Vs. GNCT OF DELHI

JUDGEMENT

(1.) THIS Review Application has sought a review of the order dated 14.01.2013 passed by this Tribunal in OA No. 03/2011. In this Review Application the applicants have taken the following grounds: -

(2.) OUT of all the above grounds, we do not find it proper to go into the details of the grounds A, B, C, D, E, G & H, as entering into a discussion on these grounds would actually mean re -hearing of the matter on the facts of the case, as had been presented before us, which is not permissible, as held by the Hon'ble Supreme Court in SOW Chandra Kanta & Another v. Sheik Habib, : AIR 1975 SC 1500, by stating as under:

(3.) WHEN in a disciplinary enquiry the Memorandum and Articles of Charges are framed, and are served upon the delinquent Government official, whatever delinquency has come to the notice in regard to a particular delinquent act or a set of delinquent actions is described in the Articles of Charges, in a particular manner. This description is essential for allowing the delinquent Government official to be able to understand as to what are the allegations against him, which he has to meet, while presenting his defence case before the Enquiry Officer, whether the enquiry is conducted by the Disciplinary Authority himself, or the task of conducting the disciplinary enquiry is delegated to an Enquiry Officer, who is an appointee of the Disciplinary Authority. If and when, during the course of the conduct of the disciplinary enquiry concerned, it comes to the notice of the Enquiry Officer that the process of the quasi -judicial conduct of his enquiry proceedings is being sought to be influenced adversely by the delinquent Government official by putting pressure on the complainant, to influence or pressurize him, since this act or action, even though it takes place after the date of issuance of Articles of Charge, affects the process and the conduct of the disciplinary enquiry itself, which is a quasi -judicial enquiry, and it tends to affect the outcome of the decision, which may be arrived at by the Enquiry Officer in a quasi -judicial manner after having conducted the departmental enquiry, he is fully entitled to take such further facts also into consideration, regarding the further delinquent acts or actions of the delinquent Government official, which have been committed by him after the date of issuance of the Memorandum and Articles of Charge under consideration in the quasi -judicial departmental enquiry proceedings.