MAHATMA MAHTO Vs. NEW DELHI MUNICIPAL COUNCIL (NDMC) THROUGH ITS SECRETARY CHAIRMAN, NEW DELHI MUNICIPAL COUNCIL (NDMC) AND CHIEF VIGILANCE OFFICER VIGILANCE DEPARTMENT

JUDGEMENT

(1.) THE applicant was appointed in New Delhi Municipal Council (NDMC) as Junior Stenographer in the year 1994 against a vacancy reserved for scheduled tribe. On 9th January 2014, the Chairman, NDMC (disciplinary authority) issued a notice for his removal from service, thus he filed the present Original Application praying therein:

(2.) ALBEIT on 16th January 2014, learned senior counsel for respondents sought an opportunity to file counter reply, on 5th February 2014 she submitted that since the facts are not in dispute and only legal propositions are required to be determined in the matter, there was no need for filing the reply, thus the Original Application was heard on 19th February 2014. Nevertheless, since learned senior counsel for respondents could produce the letter dated 20th January 2014 written by the General Secretary, NDMC & Karamchari Bachao Morcha (Regd.), New Delhi (applicant herein) to the Chairperson, NDMC, Palika Kendra, New Delhi wherein derogatory allegations were made against her, learned counsel for applicant fairly stated that a proper affidavit withdrawing the allegations made against learned senior counsel would be filed. In view of the statement made by learned counsel for applicant, hearing was deferred to 22nd February 2014. As per the stand taken by learned counsel for applicant, an affidavit was filed. Paragraphs 3, 4 and 5 of the affidavit filed by the applicant on 20th February 2014 read as under: -

(3.) THAT the facts stated in the above affidavit are true to my knowledge and belief. No part of the same is false & nothing material has been concealed therefrom.