KISHAN LAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN this Original Application, the applicant has prayed for the following reliefs:

(2.) BRIEF facts: A major penalty charge sheet dated 30.9.2008 (Annexure A/4) was issued to the applicant, while he was working as Naib Tehsildar in the office of the Deputy Director (LM), East Zone, DDA. The charge levelled against the applicant was that the Hon'ble High Court of Delhi, vide its orders dated 31.1.2007 and 21.2.2007 passed in CWP No. 15695 of 2006, directed removal of malba of the unauthorized encroachment on a portion of land near Khera Devta temple opposite Community Hall in village Gazipur, and the applicant failed to take action for removal of the said malba in coordination with the local police and did not clarify the position to the local police. The Inquiry Officer held the enquiry and submitted his report dated 20.11.2009 (Annexure A/3) holding the charge proved. The Disciplinary Authority, vide notice dated 18.2.2010, asked the applicant to make representation against the enquiry report, if he so wished. The applicant submitted a representation dated 22.3.2010 (Annexure A/5) against the enquiry report. Though the Disciplinary Authority, vide its order dated 1.2.2011, imposed on applicant the penalty of withholding of next increment for a period of three years with cumulative effect, yet, on further representations made by the applicant, the order dated 1.2.2011 (ibid) was reviewed and penalty of reduction of pay by one stage in the time scale of pay for a period of two years was imposed on the applicant, with the stipulations that the applicant would not earn increments during the period of reduction, and that on expiry of the period of reduction, it would not have the effect of affecting his pension, vide order dated 8.8.2011(Annexure A/2). Being aggrieved thereby, the applicant made an appeal dated 16.9.2011 (Annexure A/12). The Appellate Authority, vide its order dated 14.12.2011 (Annexure A/1), rejected the applicant's appeal. Hence, the applicant approached this Tribunal in this O.A.

(3.) THE applicant by filing a rejoinder reply has refuted the stand taken by the respondents in the counter reply.