PRAHLAD SINGH Vs. DELHI DEVELOPMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) THIS OA was dismissed vide order dated 13.12.2011. The matter was taken up before the Hon'ble High Court in W.P.(C) 6015/2012 and vide order dated 29.07.2013, the Hon'ble High Court quashed the order of the Tribunal dated 13.12.2011 and restored the OA for fresh adjudication before the Tribunal.

(2.) THE facts of the case are that the applicant was posted as Assistant Director in the Lease Administration Branch of the respondent -Delhi Development Authority (DDA). One plot No. C -10/82 measuring 70 sq. mts. situated at Yamuna Vihar was purchased by one Shri Subhash Chand Suri in open auction. However, physical possession of the said plot was handed over to some other person, who posed himself as original allottee. The original allottee made a complaint to the Commissioner (Land) and on the basis of this complaint, the matter was handed over to the Crime Branch. A charge memorandum was issued to the applicant vide order dated 12.11.2001 alleging as follows:

(3.) THE applicant replied to the above charge memorandum vide letter dated 24.12.2001 and the Disciplinary Authority passed an order dated 19.03.2004 imposing penalty of reduction in pay by three stages for three years without cumulative effect. The Appellate Authority i.e. the Vice Chairman, DDA upheld the order of the Disciplinary Authority vide order dated 01.02.2010. The Hon'ble Lieutenant Governor, keeping in view that the charge sheet was for minor penalty and the Disciplinary Authority imposed major penalty, which was even retained by the Appellate Authority, vide his order dated 29.12.2010 reducing the penalty to reduction to a lower stage in the time scale of pay by one stage for a period of three years without cumulative effect and not adversely effecting his pension. Being aggrieved by these orders, the applicant has filed the instant OA.